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(영문) 대구지방법원김천지원 2019.04.26 2018가합16303
매매대금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 400,000 and KRW 200,000,000 among them, from April 12, 2017.

Reasons

1. Basic facts

A. The Plaintiffs are companies established for solar power generation projects, etc., and the remaining Defendants except Defendant I (hereinafter “Defendant companies”) are companies engaged in the development and operation business related to solar power plants, solar power generation business, etc.

B. On April 12, 2017, the Plaintiffs entered into an agreement with the Defendant Company on the following terms (hereinafter referred to as the “instant agreement”) with the effect that the Defendant Company will take over all the license rights related to the power generation business of K, L, M, and N (hereinafter “instant solar power plant”) installed on the land (hereinafter “instant solar power plant”) and four solar power stations installed on the land (hereinafter “instant solar power plant”). Defendant I jointly and severally guaranteed the Defendant Company’s obligations under the instant agreement.

On the other hand, Defendant E Co., Ltd. (hereinafter “Defendant E”) was delegated by the Defendant Company to perform duties related to the instant contract.

Article 1 (Purpose) The Defendant Company has promised to transfer to the Plaintiffs all the right to permit the instant electric generation business and the site of the relevant place of installation, and the Plaintiffs shall acquire this right.

Provided, That the purchase site for access roads (allO and part of P) shall be entered into an additional contract, and this acquisition or transfer shall be excluded.

Article 2 (Succession to Permission for Development Projects and Development Activities)

1. When the defendant company transfers the permission for the power generation business to the plaintiffs to the plaintiffs, the plaintiffs succeed to all the power generation rights to the four solar power stations of this case.

Therefore, the plaintiffs comprehensively transfer all rights and obligations with respect to the power generation business of solar power plants from the defendant companies.

2. Although the Defendant Company did not obtain the approval of the determination of urban planning facilities and the implementation plan as of the contract date (hereinafter “development activities”), the Defendant Company later did not obtain the approval.

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