logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.17 2016나2024510
계약금반환등
Text

1. The judgment of the court of first instance is modified as follows.

The administrator B of the defendant rehabilitation company A.

Reasons

1. Basic facts

A. Existing factory permission and acquisition of ownership of A and Defendant movables Development 1) On September 5, 2013, A are land listed in the “sale plan” of Pyeongtaek-si C, D, E, F, and G land (attached Form 1) from Pyeongtaek-si head on September 5, 2013.

3) A new factory establishment permission for plastic products manufacturing business for assembling machinery and equipment (hereinafter “existing factory permission”) is granted to the Company, and the existing factory permission site “the entire site of this case” is “the entire site of this case.

(2) On May 20, 2014, A completed the registration of ownership transfer with respect to each of the above lands. The Defendant’s movable development completed the registration of ownership transfer with respect to each of the above lands on July 23, 2014, after purchasing E, F, and G land from A.

B. 1) The Plaintiff’s sales contract between the Plaintiff and the Defendants refers to the development of A and the Defendant’s movable property (hereinafter referred to as “Defendants”) on November 11, 2014 to operate waste disposal facilities.

B) As regards the instant entire site, the instant land C, which is part of the instant entire site, was finally divided into C, H, and I land due to the division on December 15, 2014 and February 25, 2015, after the instant sales contract was concluded. Of the land B before the division, most part of the instant facility site is deemed to belong to H land after the division. Of D and F land, the part corresponding to the instant facility site in most of the instant land before the division is deemed to belong to H land after the division.

The sales contract of this case shall be purchased, and each sales contract for the purpose of changing the existing factory license (manufacturing business) into the waste disposal facility license (hereinafter “instant sales contract”).

The instant sales contract was concluded. The main contents of the instant sales contract are as follows. [The sales contract between the Plaintiff and A] The real estate indication - The attached plan for the sale of 9,616 square meters of Pyeongtaek-si C Forest land 14.891 square meters is indicated as 2,416 square meters of 720.0 square meters of 2,416 square meters of 8,510 square meters. The attached plan for the sale of 2,413 square meters of 8,510 square meters of 48,000 square meters of 1575.0 square meters of 12,029 square meters of 12,029 square meters in total of main land and 1.0 square meters of road shares.

arrow