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(영문) 수원지방법원 2017.04.21 2016나65466
부당이득반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 11, 2013, the Plaintiff (China: B) concluded a sales contract with the Defendant to purchase KRW 66/258,000 shares of KRW 11,368,00 (hereinafter “instant sales contract”).

B. On December 12, 2013, the Plaintiff completed the registration of ownership transfer with respect to the purchase shares in the instant forest land after fully paying the purchase price.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, and Eul evidence 5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1) The defendant asserted that the contract is null and void as an unfair legal act. The defendant, as a Korean national from China, takes a heavy interest by selling approximately 11,368,000 forest shares, which are merely KRW 924,00,00, at around 12 times nearest to the plaintiff's 12-4,000, using the plaintiff's rash and experience, who did not properly receive education at the transaction situation of the Republic of Korea. Since the contract of this case is null and void as an unfair legal act, the defendant must return to the plaintiff the amount equivalent to the purchase price of this case. (ii) although the defendant's executive officer and employee, who is the defendant's assertion of cancellation of the expression of intent by fraud, made a monetary reform to the plaintiff without the value of the forest of this case, even though the forest of this case is no value of development, support the administrative and financial development of the Pyeongtaek Winter Olympic Winter Olympic Games. The plaintiff's conclusion of the contract of this case can be cancelled by the plaintiff.

Therefore, the Defendant is obligated to refund the purchase price of this case to the Plaintiff.

B. Determination 1 unfair legal act is null and void.

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