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(영문) 서울북부지방법원 2017.08.08 2016나35350
부당이득 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is China-style, and the Defendant is a corporation that runs real estate sales business, real estate rental business, sales agency business, real estate brokerage business, etc.

B. On April 28, 2014, the Plaintiff (China: B) entered into a sales contract with the Defendant to purchase KRW 11,239,600 (hereinafter “instant sales contract”) of KRW 132/6,100 of the amount of KRW 6,100 square meters of the amount of KRW 132/6,00 square meters of the forest land in Gangseo-gun, Suwon-gun, Gangwon-do (hereinafter “instant forest shares”).

C. On April 28, 2014, the Plaintiff paid the full purchase price to the Defendant, and completed the registration of ownership transfer on April 30, 2014 with respect to the share of forest land of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 5, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Plaintiff’s assertion 1) As an unfair legal act, the Plaintiff’s assertion that it is null and void is China D, and the Plaintiff did not know the concept of sharing real estate or share, and did not have a register of real estate register. The Defendant, using the Plaintiff’s leadership and experience, sold approximately KRW 57 times the estimated market price of KRW 198,00 to approximately KRW 11,289,60. Since the instant sales contract is null and void as an unfair legal act, the Defendant is obliged to pay the Plaintiff the money equivalent to the purchase price in this case and the damages for its delay. 2) Although there was no development plan for the forest of this case alleged to be null and void, the Defendant’s executive and employee, D, E, F, and G, who is the Defendant’s executive and employee, even though there was no value to develop the forest of this case due to the Plaintiff’s declaration of intent to cancel it.

The Government of the Republic of Korea shall support the development of the first priority with administrative and financial support for the Winter Olympic Games, and shall bear at least 80% of development costs.

H The President is promoting this.

The last day of this year is 10 million won.

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