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(영문) 서울동부지방법원 2018.07.18 2017나26647
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Facts of recognition;

A. On June 2007, upon the Plaintiff’s introduction, Nonparty F became aware of the Defendant operating “H real estate” at Songpa-gu Seoul Metropolitan Government G, and around that time, Nonparty D (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”) was introduced by the Defendant, which brokered the sale and purchase of the housing for which the special apartment ownership is granted due to the removal of public projects, etc.

B. At the time, the employees of the Defendant and the non-party company suggested F to purchase the instant building by explaining that when the instant building is implemented, K-ground buildings (hereinafter “instant building”) were removed when the development project was formulated in the Idong Group of Dobong-gu Seoul Metropolitan Government, and that the ownership on the registry is granted special ownership of Ldong, Mdong, and Ndong-type apartment in the 33th unit of national housing in accordance with the Seoul Metropolitan Government Rules, etc.

C. Accordingly, on June 18, 2007, F entered into a consulting service contract with the non-party company on behalf of the non-party company on behalf of the non-party company on behalf of the non-party company on behalf of the non-party company on behalf of the non-party company for the acquisition of the special unit ownership of the apartment complex granted by the removal of the 101 and the 3th floor of this case under the name of the non-partyO and the non-party P, who is the son of F, with the contract amount of KRW 260,000,000, registration expenses of KRW 3,100,800, management expenses, management expenses of KRW 3,99,200, total amount of KRW 267,100,000 from June 16, 2007 to September 6, 2007, respectively.

After that, the Defendant entered into a sales contract with Q on behalf of F on July 9, 2007 with respect to the instant building 101, and completed the registration of ownership transfer on July 25, 2007, with respect to the instant building 54,000,000 won. On August 16, 2007, the Defendant made the registration of ownership transfer between R R and R around August 16, 2007, with respect to the instant building 3 as to the instant building 100,000 won.

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