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(영문) 서울서부지방법원 2016.11.29 2015가단39534
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is China-style, and the Defendant is a corporation that runs real estate sales business, real estate rental business, sales agency business, real estate brokerage business, etc.

B. On February 18, 2014, the Plaintiff purchased from the Defendant Company the shares of 198/1834 out of the 1,834 square meters of Pyeongtaek-gun B forest land (hereinafter “1 real estate of this case”) owned by the Defendant Company, for KRW 19,874,400, and ② on February 26, 2014, shares of 175/4921 out of the 4,921 square meters of Pyeongtaek-gun C forest land (hereinafter “2 real estate of this case”) owned by the Defendant Company, for KRW 10,803,520, and ③ on March 19, 2014, KRW 232/1834 of the real estate of this case, among the real estate of this case, KRW 1,236,80,00 (hereinafter “the Plaintiff each real estate sales contract of this case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2 (including provisional number), the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff is a Chinese Chinese Korean Schan, and the level of education is lower than that of the Republic of Korea. The defendant sought the plaintiff, who had been in the office of the defendant company, by entering into each real estate sales contract of this case, to purchase the shares in the real estate located in Pyeongtaek-gun, which are merely the shares in land that are not used, at low prices. This constitutes an unfair legal act under Article 104 of the Civil Act, and thus each of the real estate sales contracts of this case is null and void.

B. In addition, the defendant company had the plaintiff enter into each of the real estate sales contracts of this case by deceiving the plaintiff to "the value of won currency will decline due to the future monetary reform, and the Government of the Republic of Korea bears 80% of the development costs and develops the Gangwon-do Empics on the basis of the Pyeongtaek Winter Olympic Games, and thus, the land value of the usual window will continuously increase."

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