부당이득금
1. The plaintiff's successor's appeal is all dismissed.
2. The costs of appeal shall be borne by the intervenor succeeding to the plaintiff.
1. The reasoning of the court's explanation concerning this case is as follows. The plaintiff's successor's additional assertion in the trial shall be determined as follows. The plaintiff's successor's additional evidence submitted in the trial, which is insufficient to recognize the plaintiff's assertion, is the same as the reasoning of the judgment of the court of first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is not sufficient to recognize the plaintiff's successor's assertion.
2. Parts to be determined additionally
A. Since the Plaintiff asserted unfair legal acts had to obtain consent from land owners at least 2/3 in order to obtain designation of an urban development zone from Gosung-gun, the Plaintiff was bound to enter into each of the instant sales contracts with a purchase price of at least two to three times higher than the market price as required by the Defendants in such an imminent situation.
Therefore, since each of the instant sales contracts constitutes an unfair legal act under Article 104 of the Civil Act and is null and void, the Defendants are obligated to return the down payment, etc. paid to the Plaintiff according to each of the instant sales
B. The unfair legal act stipulated in Article 104 of the Civil Code is established when there exists an objective imbalance between payment and consideration, and a transaction which has lost balance as such subjectively takes place by means of gambling, rashness, or influence of the victimized party. The purpose of the act is to regulate gambling, rash, or influence of the injured party. The subjective requirement for establishing the unfair legal act is sufficient, and only part of gambling, rash, or influence, which is the subjective requirement for establishing the unfair legal act, is sufficient. However, "gambling" refers to "fluence", which may be based on economic cause, and may be based on mental or psychological cause, and "unexperience experience" means lack of ordinary living experience.