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(영문) 서울동부지방법원 2020.07.16 2018가합112169
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Judgment on the main and conjunctive claim

A. The Plaintiff’s primary and conjunctive claims are all premised on the cancellation of the sales contract due to fraud and mistake or delay of performance.

Therefore, I first examine the existence of the reason for cancellation or cancellation of the sales contract.

B. 1) The summary of the Plaintiff’s assertion that the Defendant’s representative director: (a) instead of having an intention to pay the purchase price, the Defendant or C would obtain government loans or financial institutions; (b) by deceiving the Plaintiff that “The ownership of the real estate listed in the separate sheet will be transferred before it is intended to pay the purchase price; (c)” was concluded with the Plaintiff on March 12, 201 with respect to the real estate listed in the separate sheet; (d) on December 21, 2011 with the Plaintiff and C, the sales contract to which the Defendant was a party; and (e) on January 12, 2012 with the Plaintiff on January 20, 2012 with the Defendant as a party, the obligation to cancel the sale contract with the Plaintiff on January 20, 2012 with the ownership transfer of the real estate listed in the separate sheet from the Plaintiff on January 20, 2012 with the intention to pay the purchase price to the Plaintiff on the grounds of deception of the Defendant’s representative director C; and (e.

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