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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 29, 2013, the Plaintiff entered into a contract between the original Defendant and the Plaintiff’s new construction of a factory on July 1, 2013; on September 30, 2013, the date of commencement; the contract amount of KRW 1,680,000 (excluding value-added tax); and the advance payment of KRW 80,000,000 (hereinafter “instant contract”); and on May 7, 2013, the Plaintiff paid KRW 50,000,000 to the Defendant as advance payment.
B. On August 1, 2013, the Plaintiff purchased 4629/6487 shares in the price for 1,137,171,98 shares in the old-si Corporation 296-10m2 (hereinafter “instant factory site”) from Esisi-si Corporation from Esisi-si Corporation on August 1, 2013, and completed the registration of ownership transfer on August 21, 2013.
C. (1) On August 28, 2013, the Plaintiff applied for a new construction of the factory site in this case at the Si of Gu, Si, Si, Gu, and Gu, on or around September 3, 2013, ordered the Plaintiff to supplement the Plaintiff on the ground that the Plaintiff was a non-contractor under Article 38(1) of the Industrial Cluster Development and Factory Establishment Act. Ultimately, the Plaintiff received a new construction permit from Gu, Si, Si, on or around February 11, 2014, after supplementing the above matters. (2) The Plaintiff did not file a report on the commencement of the construction of the factory site in this case as of May 13, 2014.
【Ground of recognition】 In the absence of dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 3-1, Eul evidence 1 and 3, the purport of the whole pleadings and arguments
2. The parties' assertion
A. On April 29, 2013, the Defendant: (a) purchased the instant factory site to the Plaintiff; (b) concluded the instant contract with the Defendant, and (c) paid KRW 50,000,000 to the Defendant after signing the instant contract with the Defendant; and (d) purchased shares of KRW 4629/6487 out of the instant factory site from Epathmology Co., Ltd. around August 1, 2013.
However, the defendant newly built up until September 30, 2013.