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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff paid KRW 330,000 to the Defendant by March 26, 2007, in order to purchase Gangwon-do Pyeongtaek-gun C, D, and E three parcels (hereinafter “F land”).
B. On March 12, 2007, the Defendant completed the registration of ownership transfer in the name of the Defendant with respect to F land on March 12, 2007, and completed the provisional registration of ownership transfer claim to the Plaintiff, and subsequently completed the registration of ownership transfer in the name of the Plaintiff on February 12, 2014
C. However, when reporting a real estate transaction contract for F land, the Defendant stated that F land was purchased in KRW 245,550,000.
In addition, the Plaintiff requested the purchase of the G-gun G Forest in Gangwon-do (hereinafter referred to as “G land”), and paid KRW 50 million to the Defendant, and the Defendant made the transfer registration of ownership in the name of the Plaintiff on G land in the manner as seen earlier.
E. However, upon reporting a real estate transaction contract for G land, the Defendant stated that G land was purchased in KRW 30,000,000.
[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 7 (including provisional number), the purport of the whole pleadings
2. The assertion and judgment
A. As to F land, the Plaintiff, even though the Defendant purchased F land in KRW 245,50,000, which was stated in the Defendant’s report of a real estate transaction contract, by deceiving the Plaintiff as if he purchased F land in KRW 330,000,000, which is the difference, is obligated to pay the F money as compensation for unjust enrichment or tort. However, there is no sufficient evidence to acknowledge the fact of defraudation. Rather, according to each statement of each subparagraph B, and witness H’s testimony, the Defendant’s purchase of F land in the amount paid by the Plaintiff is recognized.
B. As to G land, the Plaintiff also purchased G land in the amount of KRW 30,000,000, which the Defendant reported on the real estate transaction contract.