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(영문) 서울중앙지방법원 2016.10.06 2016가합513352
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. On July 201, the Plaintiffs entered into a sales contract with the Defendants to purchase some of the 240,298 square meters (hereinafter “instant land”) of the Gyeonggi-do Yangyang-gun Lian-gun (hereinafter “instant sales contract”) and completed the registration of ownership transfer for each purchase share on October 13, 201.

After the instant sales contract, the instant real estate was divided into a large number of land, and the present area of forests and fields in Yangyang-gun of Gyeonggi-do is 11,79 square meters.

The purchase shares of the plaintiffs under each of the instant sales contracts, the purchase price, and each of the registration numbers of ownership transfer dated October 13, 201 are as follows:

Plaintiff 1 A 693/240298 50,280,280,2637 No. 44637,240,240298 50,280,280,280,28033 C 527/240298,220,2200, 44639 4 D 526/240298, 24639, 4640, 526/240298, 220, 000, 44640, 526/240, 220, 620, 626/2488, 208, 20428/408, 208, 4608/408, 206, 4608/406, 2084, 20846284

2. Determination on the claim for restitution due to the cancellation of a contract

A. The Defendants, upon entering into each of the instant sales contracts, concluded a special agreement with the Plaintiffs to open access roads to each of the partitioned lands after dividing the instant land according to the level of provisional division attached to the contract.

Accordingly, the Plaintiffs notified the Defendants to implement the said special agreement after the registration of subdivision, but the Defendants failed to implement the said special agreement until now.

Accordingly, the Plaintiffs, upon the delivery of the duplicate of the instant complaint, cancel each of the instant sales contracts, and seek the return of each purchase price paid to the Defendants for restitution.

B. In order to accept the Plaintiffs’ assertion, the Defendants are against the Plaintiffs.

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