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(영문) 의정부지방법원 2016.09.07 2015가단113279
부당이득반환 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. (1) The plaintiff is a company running the golf course construction and operation business, and the defendants are the members of the non-party G clan which is composed of descendants of the non-party G (hereinafter "the non-party clan"), among which the defendant C was the chairperson of the above clan, the defendant Eul was the auditor of the above clan, and the defendant D was the chairperson of the above clan who was the branch of the above clan.

(2) As part of a plan to secure land in the business site after having been selected as an operator of the I development project, which is a public business business entity that had recruited the private business entity to attract investment, the Plaintiff made a negotiation with the said clan to purchase the land owned by the said clan in the business site. On January 28, 2011, the Plaintiff entered into a sales contract with the said clan with the said clan on a total of 18 square meters of land owned by the said clan, including the 1,752 square meters of land owned by the said clan, which is 162,002 square meters of land owned by the said clan (hereinafter “instant land”) with the purchase price of KRW 2.7 billion (hereinafter “the instant sales contract”), and paid the down payment of KRW 2.7 million to the said clan in accordance with the said sales contract, as well as the payment of the purchase price separately from the said purchase price.

(3) However, on the land of this case purchased by the Plaintiff, the said clans and clans have installed several graves managed by the said clans, and in order for the Plaintiff to conduct their businesses smoothly, the relocation of the graves on the land of this case was indispensable, and for this purpose, it was important to obtain the cooperation of each of the clans who are connected not only to the clans but also to their own graves.

Therefore, at the time of negotiations for the conclusion of the above sales contract, the Plaintiff clearly explained the importance of the relocation of a grave to the Defendants, who are the major officers of the above clan, and made it impossible to achieve the purpose of the sales contract unless the problem is resolved smoothly.

(4) this.

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