부당이득반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Around November 2010, the Plaintiff entered into a sales contract with Defendant B on the following: (a) the Plaintiff purchased the instant real estate at KRW 900,000,000 (hereinafter “instant one sales contract”); and (b) around that time, the Plaintiff paid the said purchase price to Defendant B.
B. Around September 2012, the Plaintiff entered into a sales contract with Defendant B, who represented by Defendant C (hereinafter “instant two real estate sales contract”) with the content that the Plaintiff purchased KRW 1700,000,000,00 for the building E in Seopopopo City E, 801 square meters, F 139 square meters, and E-ground buildings (hereinafter “instant two real estate”). At that time, the Plaintiff paid the said sales price to Defendant C in full.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination as to the cause of claim
A. At the time of each of the instant sales contracts, the Plaintiff asserted that there was no experience in real estate transactions, and had been suffering from mental illness for a long time, thereby undermining its normal judgment.
Defendant B sold each of the of the of the instant real estate to KRW 320,00,000,000 exceeding KRW 580,000,000 (=900,000,000 - 580,000,000) over the market price of the instant real estate by taking advantage of the Plaintiff’s condition of such rashness, experience, etc. (i.e., KRW 725,00,000 (=1,700,000,000) over KRW 725,00,000,000 over the market price of the instant two real estate (i.e., KRW 1,700,000 - KRW 725,000,000). Each of the instant sales contracts constitutes an unfair legal act under Article 104 of the Civil Act.
In addition, Defendant B had the Plaintiff conclude each of the instant sales contracts by deceiving the Plaintiff, which constitutes a tort under Article 750 of the Civil Act.
Therefore, according to the Plaintiff’s claim, the return of unjust enrichment or damages claim, Defendant B’s damages for delay and damages for delay, Defendant C’s 300,000,000,000, and damages for delay.