beta
(영문) 전주지방법원 2017.01.12 2015나6473

계약금반환

Text

1. Revocation of a judgment of the first instance;

2. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3. All costs of the lawsuit.

Reasons

1. Basic facts

A. On September 11, 2013, the Plaintiff engaged in the business of producing fine aggregate, entered into a sales contract with the Defendant, the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and KRW 50,000,000, the down payment of KRW 880,000,000, with respect to the instant real estate, and entered into the sales contract with the Defendant, which is the owner of the instant real estate listed in the separate sheet, and paid the down payment to the Defendant on October 31, 2013 (hereinafter “instant sales contract”).

B. The special terms and conditions of the instant contract stipulate that “If the authorization and permission is legally known, this contract shall be null and void and the down payment shall be returned.”

C. On October 22, 2013, the Plaintiff received a written consent from the Defendant for land use regarding the instant real estate and prepared an application for permission for development of change of form and quality of land in order to create a fine aggregate production facility and a site for camping sites, and received the application from the Defendant.

(hereinafter “instant application”). The Assignment Group requested the Plaintiff to supplement documents, such as business plans, permission to occupy and use roads, and registration certificates of aggregate extraction business, on October 29, 2013 and December 13, 2013, and the Plaintiff withdrawn the instant application on December 20, 2013 without fulfilling complementary matters.

On December 5, 2012, the Defendant drafted to B a written confirmation of bringing-in (out) of soil and sand to verify the bringing-in of the instant real estate into the instant real estate, which is taken out from the neighboring land of the instant real estate.

E. On November 27, 2013, after the remainder payment date of the instant sales contract, the Plaintiff filed a separate report on the selection and crushing of aggregate on the Chungcheong-gun C and D land located adjacent to the instant real estate (hereinafter “alternative land”), and the assigned group completed the acceptance of the said report on December 10, 2013.

F. The Plaintiff’s succeeding intervenor is based on the executory order of payment for the loan claim case, which was executed by the Jeonju District Court 2015 tea3457.