매매대금반환
1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 103,00,000 and the interest thereon from February 15, 2018 to the date of full payment.
1. Basic fact (=the fact that there is no dispute)
A. On February 3, 2015, the Plaintiff concluded a sales contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the Plaintiff to purchase KRW 232,50,000 of forest land C 15372 square meters (hereinafter “instant real estate”) owned by the Defendant Company in Seosan-si, Seosan-si (hereinafter “instant real estate”). The Plaintiff concluded a sales contract stipulating the following special terms (hereinafter “instant sales contract”).
[Matters of special agreement] The above contract becomes null and void when the solar power generation permission as requested by the buyer and the development activities under the plan for the use of the Han PPA line are known (within three months), and the seller shall immediately return the down payment to the seller without any condition.
A seller shall secure access roads (four meters in width) necessary for a power generation permit on the land subject to a contract.
B. The Plaintiff remitted the total of KRW 103,00,000,000 as part of the purchase price to Defendant B’s account designated by the Defendant Company, as part of the purchase price, and KRW 103,00,000 on June 19, 2015, and KRW 50,000 on June 30, 2016.
C. The Plaintiff requested the Defendant Company to secure access roads necessary for filing an application for power generation permission, but the Defendant Company failed to comply therewith, and the Plaintiff failed to obtain permission from the competent administrative agency for development activities.
2. At the time of concluding the instant sales contract by the Plaintiff, the Defendant Company: (a) the actual owner of the instant real estate was Defendant B and deposited the sales price into Defendant B’s account; and (b) accordingly, the Plaintiff deposited KRW 103,000,000 out of the sales price with Defendant B’s account, the actual owner of the instant real estate, as part of the sales price.
Since the Plaintiff failed to obtain permission for development activities, etc. due to reasons attributable to the Defendants, the instant sales contract becomes null and void, the Defendants are jointly obligated to return the purchase price already received to the Plaintiff.
3. Grounds for determining the Plaintiff’s claim against the Defendant Company: Articles 208(3) and 150(3) of the Civil Procedure Act.