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(영문) 서울북부지방법원 2016.09.01 2015가단140568
매매대금반환
Text

1. Defendant Incorporated Incorporated Co., Ltd.: (a) KRW 20,000,000 on September 2, 2015 to the Plaintiff.

Reasons

1. The following facts may be acknowledged in full view of evidence Nos. 2 and 3 as well as the purport of the entire pleadings in video products and records Nos. 2 and 3.

The Plaintiff, who is an employee of the Defendant Incorporated Company (hereinafter “Defendant Company”), recommended the purchase of 331 square meters (hereinafter “instant land”) out of 2645 square meters of C forest land in Si/Gu, Gongju-si. On September 21, 2015, entered into a contract with the Defendant Company for the purchase of the instant land at KRW 45 million (hereinafter “instant purchase”) and paid KRW 5 million on the date of the contract, and paid the down payment at KRW 40 million on September 24, 2015. The Plaintiff paid KRW 20 million out of the balance on September 22, 2015.

B. Meanwhile, Article 4 of the instant sales contract states that “The Plaintiff shall compensate the Plaintiff for the amount double the down payment at the time of the penalty for breach of contract by the Defendant Company, and the Plaintiff’s down payment at the time of breach of contract shall be deemed as a penalty and null

C. However, on March 16, 2015, the registration of the establishment of a neighboring Saemaul Depository, the debtor company, the mortgagee of the right to collateral security, was completed on March 16, 2015 with respect to C forest land 2,645 square meters in public cities.

2. The assertion and judgment

A. The judgment on damages caused by deception or unjust enrichment claim is blind, and it is unclear whether to cancel the right to collateral security established on the instant land, as well as whether to cancel the right to collateral security established on the instant land, and even if there is no studio complex creation plan or partition plan on the instant land, the Defendants, at the time of the instant sales contract, concluded the instant sales contract by deceiving the Plaintiff without explaining the above facts, which are important to the Plaintiff. As such, the Plaintiff’s delivery of the complaint of this case, revoked the instant sales contract and filed a claim against the Defendants for damages or unjust enrichment.

Written evidence Nos. 1 through 6 shall be written.

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