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1. The Defendant’s KRW 410,289,716 as well as the Plaintiff’s KRW 6% per annum from September 17, 2015 to September 22, 2016.
Reasons
1. Basic facts
A. 1) The Defendant is a company awarded a subcontract for part of the above construction works from Co., Ltd. E and F Co., Ltd., which was awarded a contract to install boiler among the construction works set forth in Category D 1 and 2 from the Korea Southern Power Development Co., Ltd. (hereinafter referred to as the “Korea Development Co., Ltd.”). 2) The Defendant may not, in principle, use land that is not directly related to agricultural production or farmland improvement in accordance with the Farmland Act as an agriculture promotion area pursuant to Article 28(1) of the Farmland Act, in the case of three-party construction sites, in the case of three-party roads, from the Korea Development Co., Ltd. (hereinafter referred to as the “Korea Development Co., Ltd.”). The Defendant may temporarily use land for other purposes only for a certain period permitted under the condition that
(Article 36) On the ground, approval for the use of the site as prescribed by the period of use on December 31, 2015 was obtained. The three-dimensional market added the conditions of approval such as restricting the use of the site to the installation of the site office and auxiliary facilities for the said construction, complying with the prohibition and period of use other than the purpose of approval, and the restoration of the said land to the original state if the period of approval expires or the target project
3) Accordingly, the Defendant’s temporary building to be used as a site office, worker’s lodging room, restaurant on the ground of the above land (hereinafter “instant building”).
B) On May 13, 2014, the Plaintiff and the Defendant entered into a sales contract with the Defendant to purchase the instant building at KRW 550 million under the name of J Co., Ltd. (hereinafter “instant first sales contract”) with the intent to operate a lodging house for the employees belonging to the Defendant from the instant building, and entered into a sales contract with the Defendant to purchase the instant building at KRW 150 million under the name of J on May 13, 201 (hereinafter “instant first sales contract”), and entered into a written agreement separate from the sales contract for temporary buildings. The main contents are as follows.