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(영문) 서울중앙지방법원 2018.03.20 2017가단54464
부당이득금 반환 및 손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The instant sales contract concluded between the Plaintiff’s summary of the Plaintiff’s assertion and the Defendant Company B on part of the land in Chungcheong City, which was concluded between the Plaintiff and the Plaintiff Company B, is null and void as it constitutes an unfair legal act using the Plaintiff’s old-age, rash, rash, experience, etc., and thus, constitutes an unfair legal act in which the preparation for old-age was imminent. As such, the Defendants are obligated to pay the total amount of expenses for the registration

The defendants are obligated to pay the same amount as compensation for damages, since they deceiving the plaintiff as if they have value of investment, such as the development of set up in the future, etc., leading to the conclusion of the instant sales contract.

2. The grounds alleged by the Plaintiff alone cannot be deemed to constitute an unfair legal act, and there is no reason for Defendant C, etc., who is not a contracting party, to return unjust enrichment jointly and severally with the Defendant Company.

The statements in Gap 5 to 9 alone are insufficient to recognize that the Defendants were falsely informed of the material facts in trading beyond the bounds of the duty of good faith in light of the general commercial practice and the good faith principle in relation to the instant sales contract beyond a certain degree of exaggeration or falsity, and there is no evidence to acknowledge otherwise. In addition, there is no assertion as to the grounds for the Defendants liable for tort.

3. The plaintiff's claim is dismissed because all of the plaintiff's claim is without merit.

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