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(영문) 대구지방법원 2016.02.18 2014가합9209
부당이득금
Text

1. On August 30, 2013, the Plaintiff (Counterclaim Defendant) purchased and sold the E return 399 square meters from the Defendant (Counterclaim Plaintiff) in Youngcheon-si E from the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. Defendant D entered into a sales contract with Defendant C and Nonparty F, through which he owns the land in his de facto marital relationship, to the Plaintiffs [the Plaintiff B shall refer the purchaser’s name under the instant contract to the Plaintiff “Plaintiff B, who is the Plaintiff’s son,” and the Plaintiff’s son, the Plaintiff’s son, the Plaintiff’s son of the Plaintiff B, the Plaintiff’s son of the instant contract, as the purchase price of KRW 218 million (hereinafter “instant contract”).

According to the instant contract, the contract date of the contract, the intermediate payment of KRW 20 million, September 2, 2013, and the remainder of KRW 190 million was set as the payment date on June 30, 2014.

B. On August 30, 2013, F, an employee of Nonparty D’s H office, delegated the authority to conclude the instant contract to Defendant D through Defendant C, and entered into the instant contract with the Plaintiffs.

(Plaintiff B did not participate in the conclusion of the instant contract, and the Plaintiff A attended and entered into the instant contract).

Plaintiff

B transferred 8 million won of down payment and intermediate payment 20 million won to Defendant D’s bank account on the date of conclusion of the instant contract, and additionally paid 40 million won of checks to Defendant D through F.

In order to construct multi-family houses on the instant land on January 2012, Defendant D paid 12,00,000 won design fees to Nonparty D and requested construction design to Nonparty D, and Defendant D applied for construction permission on behalf of Defendant D, accompanied by design drawings in Yongcheon-si on January 30, 2012, Defendant D received building permission from Yongcheon-si on January 30, 2012, but did not pay expenses incurred in building permission, including 1,950,000 won of farmland preservation charges, and on April 4, 2012, the building permission was revoked upon Defendant D’s application for revocation.

E. Plaintiff B, on the ground that the Defendants, by deceiving the Defendants as land for which the instant land was not permitted to construct, concluded the instant contract and acquired 68 million won from the Plaintiffs, constitutes fraud.

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