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(영문) 서울중앙지방법원 2018.07.17 2017가단5168887
매매대금반환
Text

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. On July 6, 2017, the Plaintiff entered into a land sales contract (hereinafter “instant sales contract”) with Defendant B on 298/6/400 of the share of 4078 m2,000 m2,00 m2,00,000, as the purchase price, and paid KRW 56,122,00.

B. The Defendant Franchise Co., Ltd. is a sales agency (sale) company under the sales contract of this case, and the Defendant C, as an employee of the above company, recommended the Plaintiff, who was aware of it, to conclude the sales contract of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 4, the purport of the whole pleadings

2. The Plaintiff’s assertion and determination are that the instant sales contract constitutes a typical planned real estate investment fraud, and thus, the Plaintiff’s assertion and determination are null and void pursuant to Article 103 or 104 of the Civil Act, or should be revoked pursuant to Article 110(1) of the Civil Act, and seek the return

In light of the evidence submitted by the Plaintiff and the results of the Plaintiff’s principal examination, it is difficult to find that the instant sales contract was an anti-social juristic act, or was based on the Plaintiff’s gambling, rashness, and experience, and the sales price was significantly higher than the general market price, or was concluded by the Defendants’ deception on the part of the Defendants. There is no other evidence to find otherwise.

The Plaintiff’s assertion is difficult to accept.

3. If so, the plaintiff's claim against the defendants in this case against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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