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(영문) 춘천지방법원강릉지원 2016.03.08 2015가합31
부당이득금
Text

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 defendant is a non-exclusive person who operates a store with the trade name of "C" in the East Sea.

B. 1) Around February 2013, the Plaintiff’s husband’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

C. (1) Meanwhile, around March 2014, the Plaintiff purchased a single-story house from the Defendant at the same time D in the East Sea with the purchase price of KRW 33,00,000 (hereinafter “instant sales contract”).

(D) The land of this case, and the above ground-to-ground housing, are “the instant housing” and “the instant housing”, respectively.

(2) On April 8, 2014, the Plaintiff and the Defendant drafted the instant sales contract, and the said sales contract states that “28,000,000 won was paid and received at the time of the contract, intermediate payment, 2,000,000 won was paid and paid on March 11, 2014, and the remainder amount of KRW 3,00,000 was paid on June 30, 2014.”

3) On March 11, 2014, the Plaintiff paid KRW 28,000,00 to the Defendant. The Plaintiff paid KRW 28,000 to the Defendant. 【Ground for recognition’s absence of any dispute, 3, 4, 5-1, 2, 5-2, 6 through 9, 10-4, 10-17 (the same as the evidence No. 4) of the evidence No. 10

A. The entry of evidence Nos. 11-7 to 10, Eul Nos. 1 and 6, and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1 Plaintiff’s assertion on the claim for damages caused by deception or intimidation was made to the Plaintiff, and the Defendant demanded that the Plaintiff be able to exercise the right of redemption on several occasions by forcing the Plaintiff to improve the disease, or that the Plaintiff’s husband and wife did not receive the new consent.

In such a way, the defendant deceivings, coerces, or threatened the plaintiff by means as above, and thus, a total of KRW 129,270,000 from the plaintiff under the name of the price for the acceptance of the contract.

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