부당이득 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 29, 2013, the Plaintiff (China : C) entered into a sales contract with the Defendant Company to purchase KRW 38,031,5679 shares in KRW 38,031,840, and KRW 133,5679 shares in KRW 13,5679 from among the forest land No. 1 of this case on December 5, 2013; KRW 12,073,600, and between Nonparty E and Nonparty E registered as the manager of the Defendant Company, on January 17, 2014, KRW 331/347 shares in KRW 15,80,000 (hereinafter “each of the instant contracts”).
B. After the Plaintiff fully pays the purchase price, the Plaintiff completed each registration of ownership transfer as to the purchase shares of the instant Nos. 1 and 2 forest.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 12-1 through 5, purport of whole pleadings]
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion (1) The Defendant Company asserted that the instant forest land related to ① is invalid as an unfair legal act. The Defendant Company, as a Chinese national from China, sold approximately KRW 18 to 19 times the estimated market price using the Plaintiff’s rash and experience to the transaction situation in Korea, and sold approximately KRW 18 to 19 times the estimated forest shares, which were merely KRW 1,96,800, to the nearest amount to 19 times the estimated market price. Since the instant sales contract is invalid as an unfair legal act, the Defendant Company should return to the Plaintiff the money equivalent to the purchase price of the instant forest land 1.
② G, H, I, and J, an executive officer or employee of the Defendant Company claiming revocation of the declaration of intention by fraud, stated to the effect that “The instant forest land No. 1 is subject to monetary reform to revitalize the underground economy. It shall assist the Government in the development of a flat in an administrative and financial top priority for the Olympic Winter Winter Games. The instant forest land will be KRW 100 million at the disposal of land at the end.”