부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 2007, the Plaintiff asserted as the cause of the Plaintiff’s claim that the Defendants purchased (hereinafter “instant sales contract”) the right to purchase the land for livelihood countermeasures to be supplied by the Defendants (hereinafter “instant purchase right”) by implementing the Housing Site Development Project from the Defendants. Around that time, the Plaintiff paid KRW 87 million to Defendant C.
However, since the right to purchase the instant case was not received after the above sales contract, the Defendants jointly and severally liable to refund the said purchase price of KRW 87 million to the Plaintiff as unjust enrichment.
(2) The main issue of the instant case is whether the instant sales contract was concluded between the Plaintiff and the Defendants on the grounds that the instant sales contract was in a situation where it is impossible to perform without any cause attributable to the Defendants or both of them. Therefore, the key issue of the instant case is whether the instant sales contract was concluded between the Plaintiff and the Defendants.
In full view of the following circumstances, the fact that the Plaintiff is the final purchaser of the instant parcel out right, but it is insufficient to deem that the Plaintiff purchased the said parcel out right from the Defendants, and there is no other evidence to acknowledge it. The fact that the Plaintiff purchased the said parcel out right from the Defendants is insufficient, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's assertion based on the premise that the plaintiff purchased the above purchase right from the defendants is without merit.
The seller of the documents related to the sales contract of this case stated the “Defendant B” as “the seller,” but the “Buyer” as “the seller” is the official seal.
B. The Plaintiff’s purchase price is KRW 70 million on July 25, 2007 and KRW 17 million thereafter (including KRW 20 million on a total of KRW 3 million), respectively, to E that brokered the sale and purchase of the instant purchase right.