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(영문) 수원지방법원안양지원 2016.09.30 2014가합5970
부당이득금 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs Gap purchased golf membership 1) The plaintiff Eul's recommendation around July 28, 2009 is a company that is China's company for the development of North-do, self-help, international sports development (hereinafter "foreign company").

) Memberships of the annual self-help golf course (hereinafter referred to as “instant memberships”) being constructed by China

2) On July 3, 2009, Plaintiff B decided to purchase 4 copies of each Chinese currency 150,000,000,000,000 UN (i.e., 4 x 150,000,000) from the Chinese bank account (F) of the wife E, and transferred 60,000,000 (i.e., 4 x 150,000,000) to the 130,000,000 Chinese currency. The Plaintiff B decided to purchase each of the four copies of the instant membership to the 130,000,000 Chinese currency.

B. The non-party company was unable to conclude the above golf course construction due to the default on November 2009.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Plaintiffs, upon the cancellation of a sales contract, purchased each of the instant membership rights from the Defendant, and paid the purchase price directly to D or the Defendant.

Even though the above golf course was operated normally until September 2009 at the time of the above sales contract, the defendant did not open the above golf course until now.

Accordingly, the Plaintiffs, upon the delivery of a copy of the briefs dated May 13, 2016, cancel each of the above membership agreements against the Defendant, and seek the return of the purchase price.

(The plaintiffs finally organized the cause of the claim as above). (B)

1) Plaintiff A, even though the seller of the instant membership agreement was not a seller of the instant membership agreement, D transferred KRW 360,000,000,000, which was paid by Plaintiff A, to the Defendant, who is not the non-party corporation (=65,055,600,000,000,000,000,000).

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