(영문) 수원지방법원 2019.01.18 2018가단523392

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(영문) 수원지방법원 2019.01.18 2018가단523392

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 9, 2009, the Plaintiff entered into a loan agreement with the Korea Asset Management Corporation under the condition that each land listed in the separate sheet (hereinafter “each land of this case”) will be leased at a fixed rate of KRW 9,771,700 per annum for the purpose of cultivating and lending the land, and the loan agreement of this case (hereinafter “the instant loan agreement”). The instant loan agreement includes the content that “the Plaintiff may terminate the instant loan agreement if it changes the original state of the loan property without the approval of the Korea Asset Management Corporation, and the Plaintiff shall restore the loan property to its original state and return it with the participation of the Korea Asset Management Corporation” (hereinafter “instant termination agreement”).

B. On November 19, 2010, the Plaintiff entered into a soil and sand purchase agreement (hereinafter “the instant soil and sand purchase agreement”) with the Defendant’s representative director C Co., Ltd. (hereinafter “Appointed Co., Ltd. prior to the change,” and the Defendant and the Appointor together referred to as “the Defendant”). As to each of the instant land, the Plaintiff entered into the instant soil and sand purchase agreement (hereinafter “instant soil and sand purchase agreement”).

Contract

1. The unit cost of compensation due to the purchase of land shall be the amount agreed upon by the plaintiff and the selector (100 million won);

2. An advance payment of KRW 50 million among the down payment shall be made, and the balance shall be paid KRW 50 million at the same time as the certificate of permission is received.

Provided, That where permission is not granted, 30 million won out of the down payment shall be paid.

3. The project period shall be from December 31, 2010 to December 31, 2011;

4. Each land of this case is currently utilized as farmland answer, and the selector shall be responsible for the restoration as farmland or excellent farmland as at the present time after the completion of the project.

The plaintiff shall provide the designated parties with the accompanying documents necessary for permission to comply with this purpose.

5. The plaintiff can obtain a consent of use from the Korea Asset Management Corporation in accordance with a rental contract.

유사 판례

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