logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.11.27 2020가단515300
매매대금반환
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

(a) E is a person operating the Fund, which is a supplier of solar power facilities;

B. On January 2016, E recommended the Plaintiff to purchase forests and fields that can install solar power generation facilities on the YY G surface in the Jeonnam-gun G surface, thus purchasing them.

On January 15, 2016, the Plaintiff and E entered into a contract with the Defendants to purchase approximately KRW 19,090 square meters remaining 200,090 square meters, excluding the portion to be used as a road, from among H 20,323 square meters of forest land in the Jeonnam-gun, Jeonnam-gun, the joint ownership of the Defendants (hereinafter “instant contract”), and paid KRW 10,000,000 to Defendant B on the date of the contract.

The main contents of the instant sales contract are as follows.

Sales amount: 200 million won down payment: 10 million won.

(n)payment and receipt at the time of the contract; part payments: 90 million won;

(zb) pay immediately the authorization or permission;

Balance: 10 million won

H. payments made on April 30, 2016.

When the special agreement is rejected or when the commencement of construction is rejected due to the occurrence of a civil petition, etc., the remaining principal excluding one million won shall be returned, but the sales contract shall be refunded only when the stable is rejected.

C. On November 8, 2016, the Plaintiff paid KRW 70 million, and KRW 122,500,000,000 to the Defendants, respectively, around January 20, 2017, and paid all the purchase price of the instant sales contract.

On March 31, 2017, the part used as a road was divided into 20,323 square meters of H forest land in the Jeonnam-gun, and the part used as a road into 1,209 square meters of forest land in the Jeonnam-gun, and the remainder into each real estate listed in the separate sheet (hereinafter “each land of this case”).

E. On March 16, 2018, the Plaintiff completed the registration of ownership transfer on each of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 4 through 6 (including branch numbers for those with additional numbers), witness E's witness E's testimony, the purport of the whole pleadings

2. The sales contract of the Plaintiff’s assertion is based on the premise that permission for the electricity generation business and permission for development necessary for solar power generation business with respect to each of the instant land is granted.

arrow