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(영문) 수원지방법원 2020.01.10 2018나90015
부당이득금
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after filing the appeal.

Reasons

1. Facts of recognition;

A. On July 15, 2017, in order to operate solar power generation business, the Plaintiff entered into a contract (hereinafter referred to as the “instant contract”) with Gangnam-si E-si 16,026 square meters of forest land, F forest land 2,94 square meters, G forest 3,462 square meters, H forest 3,462 square meters, 3,462 square meters, I forest 1,291 square meters, J 1,178 square meters of land (hereinafter referred to as “instant land”) with the content of purchasing KRW 490,000 square meters of land (hereinafter referred to as “instant contract”).

[Matters of Special Agreement]

1. The seller (C and D) shall complete the restoration to its original state within 45 days from the date of the conclusion of this contract with respect to development activities authorized and permitted for the purpose of collecting earth and rocks on the land at present. If the buyer (the plaintiff et al., hereinafter "the plaintiff et al.") fails to perform this, this contract is reversed, and all responsibilities shall be borne by the seller.

(Provided, however, the seller shall actively cooperate with the seller when the buyer has entered into this contract and has requested all necessary documents, such as a written consent to use in connection with the authorization and permission of the project.

3. The seller shall provide the buyer with all the information known to the owner of his/her co-owned share and actively cooperate in the necessary work so that the buyer does not interfere with the buyer's carrying on his/

B. On July 21, 2017, the Defendant: (a) drafted and issued a written estimate of the solar power generation facility business to the Plaintiff as “K; and (b) around July 21, 2017, the Defendant drafted and issued to the Plaintiff a written estimate of the solar power generation business necessary for the solar power generation business (total cost of KRW 1,201,50,000).

C. On September 4, 2017, the Plaintiff remitted KRW 30 million to the Defendant’s Nonghyup Bank’s deposit account (hereinafter “instant money”). D.

On the other hand, around November 21, 2017, C et al. terminated the contract of this case to the Plaintiff’s father L by agreement between the Parties on October 31, 2017.

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