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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) C Co., Ltd. (hereinafter “C”).
(2) On February 4, 2014, the registration of the land above the area of 918 square meters in Chungcheongnam-gun, Chungcheongnam-do was cancelled on April 22, 2014 by the Jeonnam-do Governor on the ground of the implementation of the land development project. On the same day, registration of preservation of ownership was completed on the ground of the implementation of the land development project on the land land of 4813.9 square meters, including the above land. Ground buildings (hereinafter “instant building”).
(2) On July 20, 2016, the Plaintiff was granted a license for solar power generation projects to install solar power generation facilities on the upper part and supply electricity. (3) The Plaintiff received all rights to the said solar power generation projects from C.
Plaintiff
According to the statement in Gap evidence No. 1, the plaintiff is a contracting party, not the plaintiff, and the plaintiff is acknowledged to have signed and sealed as the representative of Eul. However, in light of the fact that the plaintiff is not a contracting party, there is no dispute between the parties, and the plaintiff takes over all rights to solar power generation projects from Eul before entering into the contract, the contracting party shall be deemed the plaintiff. On July 29, 2016, the defendant and the defendant entered into a construction contract (hereinafter "the contract in this case") with the content of installing solar power generation facilities on the upper part of the building in this case, and paid KRW 15,00,000 as the down payment to the defendant on August 1, 2016.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
B. On January 17, 2017, the gist of the Plaintiff’s assertion was that C’s creditors completed provisional attachment or seizure registration of the instant building owned by C when C was defaulted on January 17, 2017, and the Plaintiff was no longer able to further promote solar power generation projects.
This case is not attributable to both the plaintiff and the defendant.