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(영문) 서울고등법원 2017.11.24 2016나2071936
매매대금반환
Text

1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim as to the cancellation is dismissed.

2...

Reasons

1. Basic facts

A. 1) The Defendant: (a) installed the boiler (hereinafter “instant construction”) among the instant construction works in the CJ D 1 and 2 nuclear power plant from the South-west Development Co., Ltd., the South-west Development Co., Ltd.

(2) On May 2013, the Defendant was awarded a subcontract for part of the above construction from M Co., Ltd. E and F Co., Ltd. (hereinafter “M”) and the part of G and seven lots of land outside G is an agricultural promotion zone under Article 28(1) of the Farmland Act, and the part of the said construction is outside the agricultural promotion zone.

(B) (No. 18) A. On the ground (No. 18) purchased a temporary building (the duration of the building in this case was May 31, 2015; hereinafter referred to as "the building in this case") which was constructed on the ground, to use it as a site office, workers' accommodation, restaurant, etc., and then reported the new construction of the building in this case to the K head, who is the competent administrative agency, around June of the same year, and from March of the same year, the new building was reported to the K head, who is the competent administrative agency, on the construction of the building in this case. The purpose of the permission was to change the development act (land form and quality change) from M to the defendant from the construction of a temporary building (temporary building, temporary lodging, internal restaurant, and safety education place according to the construction in this case; hereinafter referred to as "the new building in this case was changed from February 28, 2014 to December 31, 2015).

At the time, the three-dimensional market added the conditions of permission such as prohibiting the use other than the permitted purpose, observing the period of permission, and restoring the said land to farmland when the period of permission expires or the purpose of business is completed.

(b).

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