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(영문) 의정부지방법원 고양지원 2018.02.08 2017가단79901
부당이득금
Text

1. The request is dismissed.

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

Reasons

1. On December 28, 2007, the Plaintiff entered into a provisional contract with the Defendant and C to purchase the instant land D (hereinafter “instant land”) for the purchase price of KRW 335 million, and paid the down payment to the Defendant and C in KRW 34 million.

At that time, the buyer (the plaintiff in this case) will acquire land transaction permission, and the seller will provide one copy of the seal and one resident registration necessary for land transaction permission.

2.This Agreement will be drawn up after obtaining land transaction permission.

"" has made a special agreement.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Grounds for and determination of the claim

A. The Plaintiff purchased the instant land for the purpose of the golf course project, and rejected the form of an urban management plan draft at the time of the strike, but the form of the land cannot be accepted.

The return disposition is also included in the land transaction permission, but the sales contract for the land of this case was finally null and void due to the return disposition at the time of Pakistan.

Therefore, the defendant shall pay to the plaintiff 84 million won as an indivisible obligation and damages for delay.

B. It is difficult to see that the rejection of land transaction was included in the rejection disposition at the time of the rejection disposition, and the cause of the rejection disposition is also unclear.

Therefore, it is difficult to accept the Plaintiff’s claim as it is difficult to view that the sales contract between the Plaintiff and the Defendant with respect to the instant land was finally null and void.

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