계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 12, 2013, the Plaintiff and the Defendant concluded a sales contract with the purchase price of KRW 1.9 billion for assets located in the instant factory (hereinafter “instant sales contract”) with respect to the same as assets located in the instant factory, such as the structure, factory structure, machinery, equipment, test equipment, and equipment (hereinafter “instant sales contract”), and the Plaintiff immediately paid KRW 100 million to the Defendant as the down payment.
B. In order to enter the instant factory, it is necessary to pass through the 216m3m2 in Seogdo-ri, Seogdo-ri, Seogdo-ri, Seogdo-ri, Seogdo-ri, 871-1, and 871-10m2, 713m2 (hereinafter “instant access road”). The Geum River industry applied against the Defendant for a provisional disposition against the Defendant to prohibit access to the instant access road under the Daejeon District Court Branch 201Kahap281, Seosan-gu, Daejeon District Court, and was dismissed on February 16, 2012. < Amended by Act No. 11293, Feb. 16, 2012>
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (if available, including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. At the time of the sales contract of this case, the Plaintiff confirmed that the access road of this case should be used to enter the factory of this case, and asked the Defendant of this case. If there is no problem for the Plaintiff to use the access road of this case, and if there is any problem, the Defendant would resolve all problems before the remainder payment date.
However, it was known that the gold River industry consented to the defendant's use of the access road in this case has no permanent and detailed effect.
Therefore, the Defendant is obligated to confirm from the Geum River Construction that there is no problem in using the access road of this case to the Plaintiff according to the instant sales contract.
The Plaintiff shall resolve the problem of the use of the access road of this case to the Defendant.