부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a regional housing association established in order to promote apartment construction projects in the Gwangju Mine District, and the Defendant owns from May 1995 the land of Gwangju Mine-gu D 1,185 square meters and E 661 square meters (hereinafter the above two parcels collectively referred to as “instant land”).
B. On May 11, 2017, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant with regard to the instant land as KRW 2.79 billion (e.g., KRW 5 million per square year) and KRW 1.16 million (e., KRW 2 million per square year). On October 201, 2017, the Plaintiff increased the compensation for farming as KRW 1.283.4 million (e.g., KRW 2.3 million per square year).
C. On May 16, 2017, the Plaintiff paid to the Defendant the purchase and sale price of KRW 390,66 million (the sum of KRW 279,000,000 and KRW 11,160,000,000,000,000 for the first agricultural compensation of KRW 11,16,000,000,000 for the purchase and sale price) and KRW 3.682,80,000 on December 14, 2017 (the sum of KRW 2.51,00,000,000 for the purchase and sale price and KRW 1.71,80,000,00 for the agricultural compensation) to the Defendant.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 8, and 13 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the sales contract of this case is an unfair legal act
A. The plaintiff's assertion that the defendant requested agricultural compensation without any legal basis with knowledge that the plaintiff had to acquire the land of this case in order to proceed with the apartment building project. Thus, the agreement on the payment of the compensation for farming is an unfair legal act as stipulated in Article 104 of the Civil Act.
B. According to the following circumstances acknowledged prior to the determination, the evidence presented by the Plaintiff alone is deemed to constitute an unfair legal act under Article 104 of the Civil Act.