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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
(1)The main contents are as follows:
The sales contract of this case includes a special agreement under which the Defendant would return the purchase price of KRW 20,000,000 to the Plaintiff where the Plaintiff is unable to be supplied with the land for livelihood countermeasures (hereinafter “the instant special agreement”).
3. Terms and conditions of the agreement;
(a) The scope of sales goods: The greenhouse facilities and all of the cultivation rights for the purpose of growing facilities;
(b) After the settlement of any balance, facilities and farming shall be managed by the seller;
(c) the seller will cooperate in the management and all other administrative supplement documents (e.g., security, and any other) 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 the 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.
C. On September 5, 2009, the Plaintiff remitted KRW 20 million to the Defendant. D.
In order to be supplied with land for livelihood measures from the Korea Land and Housing Corporation, objective evidence was required that livestock industry was conducted with facilities in the site development zone concerned from May 10, 2008, which was one year before the base date.
However, in full view of the statement Nos. 8 and 9 of April 17, 2012, which is the final point of time for selecting a person to be supplied with the land for livelihood countermeasures, and the fact-finding results of this court on the Korea Land and Housing Corporation, the final point of time for which the Korea Land and Housing Corporation selects a person to be supplied with the land for livelihood countermeasures in E-district is April 17, 2012, and the subsequent selection is expected to have been
Until now, the Korea Housing and Land Corporation was not selected as a person to be supplied with land for livelihood countermeasures.
[Ground of recognition] Unsatisfy, A No. 1.