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(영문) 서울남부지방법원 2017.02.08 2015가단61495
부당이득 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 25, 2014, the Plaintiff purchased 248/2100 shares (hereinafter “instant shares in land 1”) from the Defendant for KRW 21,168,00, and purchased 40/3762 of Pyeongtaek-gun, Gangwon-do (hereinafter “instant shares in land 2”) for KRW 6,326,80 on October 2, 2014; and ③ purchased 36/2659, Gangwon-do E-do (hereinafter “instant shares in land 3”) for KRW 5,260,640 on April 10, 2015.

B. After paying the above purchase price to the Defendant, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to each share of the above land.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant alleged that the Plaintiff’s assertion (1) is null and void as an unfair legal act is a Chinese national from China, and the Defendant took a heavy interest by selling approximately 28 times the estimated market price, approximately 32 times the estimated market price, and approximately 48 times the estimated market price, the third land share in the instant case was sold to the Plaintiff, using the Plaintiff’s rash and experience, who did not receive proper education at the transaction situation of the Republic of Korea. Since each of the instant sales contracts is null and void as an unfair legal act, the Defendant must return to the Plaintiff the amount equivalent to the purchase price of each of the instant case.

(2) F, G, and H, an executive officer or employee of the Defendant claiming the revocation of the declaration of intent by fraud, shall purchase to the Plaintiff real estate whose value is not less than 1/100 of the won value as the Republic of Korea’s monetary reform, even though each of the instant lands had no value of development.

In particular, the Eunpyeong, which is the planned site for the Winter Olympic Games, is Jeju-do and the wind of Chinese people is divided into "land purchase".

At present, the instant land shares.

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