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Reasons
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(영문) 춘천지방법원영월지원 2019.10.23 2018가단12204
부당이득금
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant D is a person operating the E Licensed Real Estate Agent Office, and Defendant C is a broker assistant of the above Licensed Real Estate Agent Office.

Defendant B is the owner of F 1956 square meters in the East Sea (hereinafter “instant land”).

B. On May 25, 2018, the Plaintiff entered into a sales contract with Defendant C to pay the remainder of KRW 307,200,000 on the instant land and KRW 35,000 on the date of the contract, and to pay the remainder of KRW 307,20,000 by June 28, 2018.

(hereinafter “instant sales contract”). The Plaintiff, on the day of the instant sales contract, remitted the total of KRW 35,000,000 for down payment and KRW 38,000,000 for Defendant C and D to the account under the name of G designated by E Licensed Real Estate Agents.

C. On October 24, 2012, the instant land was designated as an area subject to permission for land transaction contracts related to the East Coast Free Economic Zones, and was revoked on November 14, 2018.

On the other hand, on November 9, 2018, Defendant B sent to the Plaintiff a document verifying the content that if the balance under the instant sales contract is not paid by November 30, 2018, Defendant B cancelled the instant sales contract and the down payment is confiscated. The Plaintiff’s spouse was served on November 13, 2018.

In addition, on November 27, 2018, Defendant B sent to the Plaintiff a document to urge the Plaintiff to pay the balance of the instant sales contract by November 30, 2018. On November 28, 2018, Defendant B was served with the Plaintiff’s spouse.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 and 2 (including Serial numbers; hereinafter the same shall apply); the Gangwon-do East Coast Free Economic Zone Authority in the East Coastal Zone and the Dong Sea Viewer's inquiry inquiry conducted on December 17, 2018; the purport of the whole pleadings;

2. Summary of the parties' arguments

A. The Plaintiff’s assertion of the instant land is subject to permission from the head of the competent authority in the land transaction permission zone at the time.

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