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1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim extended by this court, is as follows.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. 1) S is specified as a site for the establishment of solar power plants, on April 30, 2007, as a site for the installation of solar power plants, only by the number of the parcels of land with the same Vrily land, T Miscellaneous land, U forest land (including each of the above land; hereinafter the same shall apply) as a site for the establishment of solar power plants.
(2) On each land by the Governor of Jeollabuk-do on July 9, 2007, S obtained a permit for an electricity generation business with the content of operating the electricity business by installing a solar power plant with the capacity of 300kmW on each of the above land.
(A17) In addition, after obtaining permission for conversion of mountainous district and permission for conversion of farmland for each of the above lands, S has filed a report on the construction of a solar power plant on each of the above lands and received the report on September 17, 2007.
(A18, 19) After May 23, 2008, S established Defendant B, Defendant C on May 27, 2008, and Defendant D on May 28, 2008, respectively. 4) The number or area of each of the above land has changed due to subsequent subdivision, boundary correction, registration conversion, etc., and the Defendants became the owners of each of the following lands on June 23, 2008, respectively.
(A14) ① Defendant B: T, H, W, X land (total area of 3,334 square meters) ② Defendant C: I land (area of 3,126 square meters) ③ Defendant D: Y and J land (total area of 3,08 square meters)
B. The Plaintiff and the Defendants’ construction contract for solar power plants, and the Defendants’ solar-powered cycle import agency contract, etc. 1) The Plaintiff, around May and June 2008, from the Defendants on each of the above land, shall be the solar power plant facilities (hereinafter “each of the instant power plants”).
2) The construction of the construction project (hereinafter referred to as “instant construction project”)
(2) On June 23, 2008, the Plaintiff entered into a contract with each of the Defendants and the date of commencement, July 15, 2008, September 30, 2008, and the contract amount of KRW 850,000,00 (A15) (hereinafter “partnership”) and each of the construction contracts with the contract amount of KRW 850,000,000 (hereinafter “partnership”) on July 23, 2007.