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

A. The Plaintiff agreed to the Defendant to purchase Samsung C&S apartment 34 square meters 2 and 43 square meters 1 square meters, located in Ulsan-gu Pharmaceuticaldong, and received a total of KRW 195 million from July 2002 to October 2004 from the Defendant.

B. Around April 13, 2005, the Plaintiff did not properly receive the apartment sale, and the Defendant threatened the Plaintiff with the purport that “Around April 13, 2005, the Plaintiff would have sold three apartment bonds according to the promise, or would compensate for the damages according to the market price of three apartment bonds. If so, the Plaintiff would be notified to the husband and the husband would be able to prevent the husband from entering the workplace due to the storm of the husband’s workplace.”

C. Accordingly, the Plaintiff agreed to return KRW 800,000,000,000 paid to the Defendant, as a public official’s husband’s status is likely to adversely affect the Plaintiff’s husband’s status (hereinafter “instant agreement”), and paid KRW 400,000,000,000,000 actually received money to the Defendant.

The Defendant concluded this case’s agreement with the content of causing significant imbalance by abusing the Plaintiff’s situation in which social experience was full-time and mental distressed. As such, the instant agreement is null and void as an unfair juristic act.

Even if the instant agreement is not an unfair juristic act, it is null and void as an act contrary to good morals and other social order.

E. Therefore, among the above KRW 400 million paid pursuant to the instant agreement null and void, the Plaintiff’s KRW 25 million exceeding KRW 195 million paid from the Defendant should be returned to the Plaintiff.

The plaintiff, as a partial claim, seek a payment of KRW 100 million and damages for delay to the defendant.

2. Determination

A. An unfair legal act as stipulated in Article 104 of the Civil Act claiming an unfair legal act exists objectively between payment and benefit in return, and subjectively, a transaction that has lost balance as such exists.