beta
(영문) 전주지방법원 2016.06.15 2015가합1894

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the wife of E, a real owner of the limited company C (the trade name was changed to D, but hereinafter referred to as “C”).

B. In order to establish a factory for the business of manufacturing soil bricks, blocks, and similar non-combustibility-making products, F, the Defendant’s representative, obtained permission for mountainous district conversion with the size of 10,974 square meters as factory site, construction area of 739 square meters, and exclusive use period from March 21, 2007 to March 30, 2013, on the land listed in the attached Table 1 (hereinafter “land before division”), and the Defendant filed an application for approval for alteration of the business plan related to the land before subdivision with the Gunsan Mayor on December 28, 2011.

The main contents of approval for alteration are as follows:

A plan to change the establishment of a factory

1. An applicant;

(a) Name of business: Representative B of the F Company;

(b) Location: Four parcels outside G:

2. Items 13,798 square meters and 39,344 square meters and 25,546 square meters and 68 square meters and 69 square meters and 25,546 square meters and 6,977 square meters and 5,611 square meters and 38,614 square meters and 32,523 square meters and 18,000 square meters and 18,000 square meters and 32,523 square meters and 18,000 square meters and 44

3. Procedures and conditions to be processed as authorized or permitted upon approval for modification of a business plan - Permission for conversion of mountainous districts;

C. On January 16, 2012, the Defendant concluded a sales contract with C to sell the land before subdivision in KRW 416,00,000 (hereinafter “the first sales contract”). The main content of the instant sales contract is as follows.

Article 1 The land category and size of the subject matter to be sold shall be 9,053, Yri G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G 9,053, Yri H L L L L L L L L L L 757, Gunsan-si, Gunsan-si, Gunsan-si, Gunsan-si, 783, Gunsan-si, Gunsan-si, Do, 268, Gunsan-si, Defendant 4 ( Current Status and Detailed Agreement) No. 11,522, 11,522, and 1/2,

In order to trade 5,761 square meters which are human beings.