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(영문) 대구지방법원안동지원 2020.06.11 2019가합3049

계약금 반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D's relocation and new city construction project (hereinafter "the construction project of this case") from 2010 to 2027, Gyeongcheon-do is the construction project of this case 'the construction project of this case'. The construction project of this case 'the project of each phase' is the construction project of this case.

On April 29, 2010, the Defendant was designated as the project implementer. 2) The instant construction project was initially planned to implement the construction project in three stages, including the creation phase of the original administrative transport (the first phase, the year from 2010 to 2015), the urban revitalization phase (the second phase, the year from 2015 to 2020), and the completion phase of the new city (the third phase, the year from 2021 to 2027). The construction project in this case planned to create the administrative station, residential site, etc. as the first phase construction project in this case, commercial facilities, the construction project in this case as the second phase construction project in this case.

B. The Defendant’s distribution, etc. 1) around March 2015, 2015, including the instant land use plan, such as the annexed Form 1 drawings, the Defendant’s 1-stage construction carcs (hereinafter “instant carcs”).

(2) Around August 21, 2015, the Defendant posted promotional videos on the Defendant’s web page for the instant construction project. The promotional videos (3:00 to 39:00) include images that would build a general medical facility on the site of the instant phase 2 construction project, as shown in the attached Form 2.

3) On October 29, 2016, Gyeongbuk-do and Ansan-si concluded a MOU with the content of the Investment Agreement stating that “H hospital operated by the medical corporation G and “H hospital shall invest KRW 300 billion in the site for the instant phase 2 construction project from 2016 to 2030” (MU was entered into, and on the same day, the press reported the same content.

C. The Plaintiffs’ application and contract-related issues - the purchaser’s approval of the development plan, implementation plan, various impact assessment, such as environment and transportation, and energy use plan.