약정금반환 등
1. The plaintiff's main claim is dismissed.
2. The defendant shall pay to the plaintiff KRW 1,200,000,000 and this shall be August 22, 2006.
1. Basic facts
A. The Defendant, as a juristic person operating D High Schools and E High Schools located in Ansan-gu, Manyang-gu, Mangyang-si, the city area of the city, shall move the said schools to F and two lots, an area other than F (hereinafter “instant school relocation project”).
G Co., Ltd. (hereinafter referred to as “G”) around February 2000, which is an administrative service executor around February 2000
(A) A contract for vicarious execution of authorization and permission affairs is concluded with the Board of Directors on November 27, 201 of the same year, and a building with H 73,756 square meters and its ground (hereinafter “school property”).
(2) On October 9, 2002, the Defendant concluded a contract with I Co., Ltd. (hereinafter “I”) to sell the pertinent school property at KRW 50,199,750,000 (hereinafter “first contract”) and the Defendant prohibited the Defendant from entering into a new agreement or contract with others on the instant school property, and paid the Defendant KRW 1,50,000,000 equivalent to KRW 3% of the purchase price with the agreed amount.
I paid 1.5 billion won to the defendant on the date of conclusion of the first contract.
B. The Defendant submitted the proposal for the relocation project of the instant school and the proposal for the relocation project of the instant school 1 to Ansan-si, but on September 19, 2002 and January 7, 2003, the Ansan-si rejected the proposal on the ground of the natural environment damage in the area subject to the relocation of the school, the increase in traffic congestion in the existing road, and the inappropriate location of the existing school property.
Accordingly, the Defendant continued to implement the project for the relocation of the instant school, and the I demanded to return the agreed amount that I paid to the Defendant on the ground of the foregoing circumstances instead of giving up the rights and obligations under the First Contract. However, the Defendant used the agreed amount as a whole for the project for the relocation of the instant school.