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(영문) 수원지방법원 2018.11.23 2017가단18299
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C Corporation, as a plan for living countermeasures of D, designated the 7,957 square meters of the Eunpyeong-gu Seoul E-dong members as a flower facility site, and decided to sell 82 square meters per capita to 97 persons subject to livelihood measures, and selected the Defendant as a person subject to livelihood measures.

B. At the time of F (G; hereinafter “F”) around June 21, 2005, the Defendant: (a) was a minor under 12 years of age; and (b) according to the results of the fact-finding on I of this Court, G’s management and use of a passbook in F’s name can be recognized; (c) G appears to have concluded a sales contract with the Defendant on behalf of F or in F’s name.

A sales contract was concluded between the Defendant and the Defendant to sell for 30,000,000 won the price for the sale of the land for flower facilities (hereinafter “instant parcel-out right”), and the F was paid KRW 30,000,000 in total on June 21, 2015 and July 11, 2015.

C. Around June 22, 2005, the Defendant: (a) signed and sealed a real estate sales contract, a certificate of performance, a certificate of waiver of rights, a transfer angle, a letter of delegation, a promissory note, a promissory note, and an application for joining an association, which are documents necessary for securing the right to purchase the instant water ownership; and (b) delivered it to the F party

On October 20, 2007, the Plaintiff entered into a sales contract with H to purchase the instant water purchase price of KRW 70,000,000,000, and paid KRW 70,000 to H on the same day. Around that time, the Defendant received the documents for securing the above rights signed and sealed by the Defendant.

E. From 2010 to 2014, C Corporation established an association and urged the persons subject to livelihood countermeasures to purchase the land for flower facilities, but it was not established by the association due to the difference in the purchase price among those subject to livelihood measures. C Corporation finally revoked the above livelihood measures plan on December 1, 2014.

[Ground of recognition] without any dispute, Gap 1 through 19, 25 (including each number, hereinafter the same shall apply), Eul.

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