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(영문) 서울남부지방법원 2015.11.19 2014가단234562
부당이득금반환 청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff did not dispute the fact that around December 29, 2013, the Plaintiff purchased 331/10635 shares in B forest land B 10,635 square meters (hereinafter “instant land”) from the Defendant around 18,90,000 won and completed the registration of ownership transfer on April 14, 2014 does not conflict between the parties.

2. The gist of the Plaintiff’s assertion is that the Defendant, as a type of planning real estate business entity selling real estate in lots by fraud, concealed the Plaintiff’s land in the form of co-ownership and share, even though it was not a road on the instant land, and the development is restricted due to the National Land Planning and Utilization Act (agricultural and forest area, preservation management area), and the Management of Mountainous Districts Act (area subject to the collection and collection of soil and rocks for forestry), and the development is not related to the instant land and the chemical C industrial complex. Despite the absence of any relation with the instant land and the instant land, the Defendant concluded the instant sales contract by deceiving the Plaintiff, without notifying the Plaintiff of such fact, that there

Therefore, the Plaintiff expressed his/her intent to revoke the instant sales contract on the ground of deception to the Defendant on April 2014, and the Defendant is obligated to pay the Plaintiff the purchase price of the instant land 19.8 million won and the delay damages therefrom to the original state following the cancellation.

3. According to the results of the fact-finding on the cause of the claim: ① the land in this case is a preserved mountainous district (a mountainous district for forestry) under Article 4 of the Management of Mountainous Districts Act, except where a mountainous district is converted or temporarily used to perform an act falling under any of the subparagraphs of Article 12(1) of the same Act; ② the land in this case is located in the preservation and management of emulation and the agricultural and forest area of emulation, and the land in the area of emulation and preservation of emulation and the area of emulation under Article 18 subparag. 3 of the Urban Planning Ordinance, the permission for development activities is limited.

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