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(영문) 의정부지방법원 2014.11.06 2014가합51739

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

On October 26, 2003, the Plaintiff entered into a sales contract with the Defendant’s father D, who is an agent of the Defendant, to purchase KRW 661/13,490 of the share of KRW 13,490 (hereinafter “instant land”) out of KRW 180,000,000,000 for the purchase price (hereinafter “instant sales contract”), and paid KRW 20,000,000 on the date of the contract, KRW 70,000,000 on November 10, 2003, and KRW 90,000,000 on November 18, 2003.

The instant land was located within the land transaction permission zone at the time of the instant sales contract, and the Plaintiff failed to meet the requirements to obtain the transaction permission. As such, the Plaintiff completed the registration of ownership transfer on January 13, 2004 on the instant land based on “donation” rather than “sale”.

However, if the purchaser purchased the forest land belonging to the regulatory zone under the Act on the Utilization and Management of the National Territory, but completed the registration of ownership transfer for the reason of donation without obtaining any land transaction permission from the competent authority, the sales contract was finally null and void at least from the time when the purchaser decided to complete the registration of ownership transfer for the reason of donation in order to escape it without obtaining any land transaction permission, and the registration of ownership transfer for the land in the name of the purchaser is null and void because there is no reason for the registration of ownership transfer for the land in the name of the plaintiff. Thus, the registration of ownership transfer for the land in the name of

Therefore, at the same time, the Defendant is obligated to return to the Plaintiff the purchase price of KRW 180 million according to the instant sales contract and interest thereon as unjust enrichment, along with obtaining the registration procedure for cancellation of the ownership transfer registration of the instant land from the Plaintiff.

Judgment

The plaintiff and the defendant are the defendant with each evidence presented by the plaintiff only.