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(영문) 의정부지방법원고양지원 2015.05.28 2014가단59708
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was requested by F for the brokerage of the lease agreement of the G building in the Gyeonggi-Pacific City (hereinafter “G”) while working as a broker assistant at the E Licensed Real Estate Agent Office located in Pakistan-si D as a broker assistant.

B. On or around September 28, 2011, the Plaintiff: (a) arranged a lease agreement of KRW 35,000,000 (no monthly rent) with respect to KRW 201 to Defendant B; (b) around August 29, 201, to Defendant C on or around August 29, 2011, each of the lease deposit of KRW 35,000,000 for KRW 5,000 for each of the lease deposit by forging the Defendants’ signature; (c) forged a lease agreement of KRW 300,000 for each of the lease deposit of KRW 35,000 for the lease deposit received from the Defendants; and (d) paid KRW 5,00,000 for each of the lease deposit of KRW 30,000 for KRW 30,000 for each of the remainder to be used by the Plaintiff.

C. Since then, the voluntary auction procedure against the G building was commenced at this court H, and Plaintiff’s status B.

The Defendants, who came to know of the acts indicated in the claim, filed a complaint with the Plaintiff on the content of “the Plaintiff forged and falsified the Defendants’ lease agreement and deceiving the Defendants, thereby taking the deposit money into account.”

On April 22, 2013, the Plaintiff drafted a written statement to the Defendants that “the Plaintiff participated in the said voluntary auction procedure, is responsible for the tenants including the Defendants, but if the Plaintiff is unable to obtain a successful bid, the Defendants and the tenants are responsible for the Plaintiff, and the amount other than the deposit shall be returned to J (F’s husband).” On the other hand, the Plaintiff paid Defendant B KRW 3,200,000 on May 2, 2013, and Defendant C on the pretext of compensating the Defendants for damages.

E. The Plaintiff failed to obtain a successful bid of G building in the process of voluntary auction conducted thereafter, and the Defendants received only KRW 14,000,000 out of each lease deposit of KRW 35,000,000 on the date of distribution on June 28, 2013.

F. The plaintiff.

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