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(영문) 서울동부지방법원 2018.05.09 2017나24825

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

(c) shall be.

(1) The contract to purchase KRW 20,000,000 (hereinafter referred to as the “instant contract”).

(2) On July 20, 2009, the following terms and conditions of the instant contract are as follows: (a) a sales contract for the agricultural facilities (hereinafter “instant contract”).

was drawn up.

3. Terms and conditions of the agreement;

(a) Scope of sale and purchase goods: The greenhouse and all of the cultivation rights for the purpose of facility cultivation;

(b) After the settlement of any balance, facilities and farming shall be managed by the seller;

(c) the seller will cooperate with all management and administrative supplementary documents (e.g., guarantee of good faith) until the completion of compensation due to other public works, etc.

The buyer shall entrust the management of farmland to the seller until the removal due to public works, etc., and the buyer shall repair the facilities damaged by a natural disaster, etc.

(e) Other matters shall be dealt with under mutual agreement in accordance with the principle of good faith.

* In the event of failure to receive a cost-of-living site, the seller shall refund the total principal received from the buyer.

Based on the instant contract, the Plaintiff transferred KRW 17,000,000 to the account in the name of Nonparty L at the Defendant’s request on November 19, 2008.

E. After that, the Korea Land and Housing Corporation did not select the Plaintiff as a person eligible for the supply of a cost-of-living site on the ground that there was no objective evidence that the Plaintiff had been conducting livestock farming business with facilities from before the base date of the selection of a person eligible for cost-of-living countermeasure, which was the final point of time for the selection of a person eligible

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7 (including each number), Eul evidence No. 9, witness L of the first instance court, fact-finding results on the Korea Land and Housing Corporation I business headquarters of the first instance court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is not selected as a person to be supplied with land for livelihood countermeasures from the Korea Land and Housing Corporation.