(영문) 서울중앙지방법원 2015.12.03 2015가단5063797

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(영문) 서울중앙지방법원 2015.12.03 2015가단5063797

대금반환청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 14, 2015, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) between the Defendant and the Defendant to purchase KRW 196 square meters (hereinafter “instant land”) out of Chuncheon-si C owned by the Defendant for KRW 60,000,000 among the sales price. At that time, the Plaintiff paid the full amount of the sales price to the Defendant.

B. On January 20, 2015, the Defendant drafted a performance certificate stating “I, after January 20, 2015, withdraw a case of complaint and sign I will no longer deal with other people.”

(hereinafter “instant performance certificate”). C.

The Plaintiff purchased the instant land on the ground that the Defendant would withdraw a criminal complaint against D upon the purchase of the instant land. A criminal complaint was filed against the Defendant with respect to the fact that the Plaintiff, without the intention to withdraw a criminal complaint from the beginning, concluded a real estate sales contract and deceiving the Plaintiff.

On May 18, 2015, the defendant submitted a written withdrawal of complaint against D to the prosecutor's office.

E. On July 30, 2015, the Defendant was subject to a disposition by a public prosecutor of the public prosecutor’s office to the effect that the Plaintiff was not suspected of having committed a criminal complaint against the Defendant (Evidence of Evidence).

[Basis] Evidence Nos. 1, 2, 3-1, 2, 4-1, 5-1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion concluded the instant sales contract on the condition that the Defendant withdraws the complaint against D.

However, the Defendant did not comply with the above conditions, and concluded the instant sales contract by deceiving the withdrawal of the complaint without the intention to withdraw the complaint even if the Defendant received the purchase price from the beginning.

Therefore, the sales contract of this case was concluded by the defendant's fraudulent act, and it was concluded under the condition of withdrawal of a complaint in the situation where D was accused of a criminal complaint.

The plaintiff is on the ground of fraud or old-age.

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