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(영문) 대전지방법원 2019.10.23 2018가합108463
계약금반환의소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 1, 2017, the Defendant drafted a power of attorney (hereinafter referred to as “the power of attorney of this case”) to delegate the sale and purchase of “the Defendant’s corporation, the Defendant’s land owned by the Defendant (D, E), and all rights related to the construction permission (right to receive transfer)” to C.

B. On December 8, 2017, the Plaintiff and C drafted a contract under the following terms and conditions (hereinafter “instant contract”).

On the bottom of the instant contract, the name and address of the Plaintiff and C’s name and address are stated either on the side of the service owner (A) column, and on the side of the service provider (B) column, and the instant contract is accompanied by a copy of the instant delegation and the Defendant’s certificate of personal seal impression.

A service contract (hereinafter referred to as the "this contract") shall be concluded between the parties to the contract for the purchase of land for the project site and the authorization and permission (service) as follows:

(Purpose) In order to obtain the F, E, D (Permit for Extension 7500 square meters), 100 square meters of the project site and approximately approximately 2500 square meters of the additional site purchase, the service contract will be concluded on the following terms:

The total amount of 2.65 billion won shall be the purchase of the project site and the authorization and permission service cost.

Upon completion of the construction of KRW 1.5 billion after completion of the construction of KRW 1.5 billion when the contract for the method of payment is made;

1. The project period is between December 2, 2017 and April 30, 2018.

(Provided, however, there is a grace period of one to two months when the deliberation on development activities is delayed; 2. After authorization and permission, the ancillary civil engineering works will be executed by the service provider.

3. A service provider shall settle a civil petition, etc. in the vicinity of a construction work after authorization or permission is granted under mutual agreement.

4. Terms and conditions that wastewater should be covered by a contract for spraying liquid manure for vitalization facilities and service (including environment); 5. When permission or permission is granted, civil engineering and construction design costs may not be claimed to the purchaser.

6. The contract amount when the authorization or permission is rejected shall be returned to the purchaser within ten days.

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