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(영문) 서울남부지방법원 2016.07.22 2015가단61112
부당이득 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 23, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 420/5679 (hereinafter “instant forest”) of KRW 23,398,480, out of KRW 5,679 square meters in Pyeongtaek-gun B forest in Pyeongtaek-gun, Gangwon-do (hereinafter “instant forest”), and paid the full amount of the purchase price to the Defendant on the same day.

B. The Plaintiff completed the registration of transfer of ownership on the instant forest land on the 25th of the same month.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, and Gap evidence 11

2. Assertion and determination

A. The Plaintiff asserted (1) around September 2013, 2013, the Plaintiff, a Korean national of China, was aware of the Defendant through C, a Korean national of the same Republic of Korea, and purchased KRW 23,398,400,000 from D, E, C, etc., an employee of the Defendant, to purchase the forest of this case, which is merely an amount of KRW 4.60,000,000, at KRW 50,000,000,000.

As such, the Plaintiff entered into the instant sales contract due to the Defendant’s deception, the Plaintiff revoked the instant sales contract and sought payment of the purchase price of KRW 23,398,480 and registration fee of KRW 1,222,310 and delay damages therefrom.

(2) The Defendant’s refusal to answer to the instant forest constitutes a ground for cancellation of a contract due to a breach of important matters of the contract.

(3) Since the Defendant completed the registration of ownership transfer with a sales contract (No. 11) that was altered by forgery, the registration of ownership transfer based on the alteration contract is null and void.

B. (1) According to the statement in Gap evidence No. 4, the officially assessed individual land price in 2014 is 1,180/m2 of this land is recognized, and the price of the instant forest land according to the above publicly assessed individual land price is 495.

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