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(영문) 서울동부지방법원 2020.11.26 2019가단133418

계약금반환

Text

The Defendants jointly share KRW 17,00,000 to Plaintiff A, and KRW 44,00,000 to Plaintiff B, respectively, and KRW 22,00,00,00 to Plaintiff C, D, and E.

Reasons

1. Basic facts

A. On April 28, 2017, the Plaintiffs concluded a sales contract in which the Defendants established solar power plants and supply each of the relevant areas to the Plaintiffs (hereinafter referred to as “instant contract”) between the Defendants and H and fourteen parcels (hereinafter referred to as “instant site”).

With respect to the supply period of solar power plants, Article 2 of the instant contract provides that “from the contract date to March 31, 2018, the date of completion shall be the date of pre-use inspection: Provided, That the supply period may be extended through mutual consultation in extenuating circumstances.”

B. Pursuant to the instant contract, Plaintiff A paid KRW 17,00,000 on May 4, 2017; Plaintiff B paid KRW 44,000,000 on May 4, 2017; Plaintiff C paid KRW 22,000,000 on May 11, 2017; Plaintiff C paid KRW 22,00,000,000 on May 4, 2017; Plaintiff D paid KRW 22,00,000 on May 2, 2017; and Plaintiff E paid KRW 22,00,000 on May 2, 2017 to each of the Defendant F’s accounts.

C. On May 10, 2018, Defendant F: (a) the seller, including the Plaintiffs, was the applicant for the instant project site; (b) obtained an electric business license and electric generation business license from the Ansan market; (c) on June 22, 2018, Defendant F applied for permission to engage in development activities for the purpose of building a site for power generation (solar power generation) with respect to the instant project site; and (d) on March 29, 2019, the Ansan City Urban Planning Committee rejected the request for deliberation on the ground that “the instant project site requires separation because it connects the instant project site to the middle road; and the site’s steep slope part should be excluded, and the overall site location conditions and land use plan is inappropriate.” (hereinafter “instant non-permission disposition”). On April 29, 2019, the Ansan City rejected the said request for permission (hereinafter “instant non-permission disposition”).

Accordingly, Defendant F filed an administrative appeal seeking the revocation of the instant non-permission disposition with the Gyeonggi-do Administrative Appeals Commission as the petitioner.