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(영문) 서울서부지방법원 2016.11.29 2015가단39305
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is China-style, and the Defendant is a corporation that runs real estate sales business, real estate rental business, sales agency business, real estate brokerage business, etc.

B. On July 5, 2013, the Plaintiff purchased 132/1976/1976/197/197 from the Defendant Company’s Defendant Company’s 1,976/197/19/197/24,080, and ② on August 7, 2013, the Plaintiff purchased 23,049,60/19 of the 1,976/1976/19 of the 1,976/1976/20 of the 1,976/200 of the 1,976/3,000, respectively (hereinafter “each of the instant 1 real estate sales contract”).

C. On March 11, 2014, the Plaintiff purchased 165/4921/4921/49 of the total amount of KRW 10,192,00 from the Defendant Company’s Defendant Company’s KRW 4,921m2, the Plaintiff completed the registration of ownership transfer in the future of the Plaintiff.

On January 16, 2014, the Plaintiff purchased from Defendant Company’s manager E to KRW 7,90,000 (hereinafter “instant third real estate sales contract”) a share of 165/37/34, out of KRW 3,937 square meters in Pyeongtaek-gun, Gangwon-do, which is owned by E on January 16, 2014, and completed the registration of ownership transfer in the future of the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 6, purport of whole pleadings

2. The plaintiff's assertion

A. The plaintiff is a Chinese bridgepo, and the level of education is lower than that of the Republic of Korea's situation. The defendant sought the plaintiff, who had been located in the defendant's office, by entering into a real estate sales contract for the first and second real estate items, and purchased the shares of the real estate in Pyeongtaek-gun, which are only the shares of the forest that are not used, at a low price. This constitutes an unfair legal act under Article 104 of the Civil Act, and thus, the real estate sales contract for the first and second real estate in this case is null and void.

B. In addition, the defendant company will reduce the value of Korean won due to the monetary reform after 'the plaintiff's toward the future, and the defendant company will be the Republic of Korea with the Eunpyeong Winter Olympic Games.

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