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(영문) 수원지방법원안양지원 2017.08.10 2016가단116990
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) constructed G stores composed of 550 stores in the section of underground connecting 725m from the subway No. 8 line E Station of the 1995 to the F Station of the 10 parcel of land, Da-gu, Sungnam-si, Sungnam-si, 1995 (hereinafter “C”) under the condition of donation at the time of Sungnam-si, after free use for 20 years.

B. C had allowed shop occupants to transfer or sublease the right of lease of each shop while managing the store of this case by leasing it to the merchants.

The Plaintiff entered into a contract of transfer (hereinafter “instant contract”) with the content that the Defendant acquired the Defendant’s right to use and benefit from the instant store Down 14 (hereinafter “instant store”) in KRW 158,00,000, and entered into a lease-sale contract with C on March 16, 2013.

C. Since the period of free use of the instant commercial building expires on August 31, 2015, Sungnam-si sent an official door to the Plaintiff, the Sungnam-si Development Corporation entrusted to Sungnam-si directly takes charge of the management and operation of the instant commercial building. Therefore, the cooperation was properly made.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings

2. Determination

A. At the time of the contract of this case, the Defendant and H, an individual among the stores of this case, at the time of the contract of this case, concluded the contract of this case due to the mistake that the period of free use of the store of this case will be renewed.

Therefore, the Plaintiff’s expression of intent to acquire the right to lease of the instant store constitutes a mistake in the important part, and thus, it is revoked under Article 109(1) of the Civil Act.

Therefore, the defendant was paid to the plaintiff by the defendant due to the above cancellation.

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