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(영문) 전주지방법원 2018.12.11 2017가단29325
소유권말소등기
Text

1. On the part of the Plaintiff, Defendant B and Defendant C with respect to the size of 1656 square meters in the former 1656 square meters in the former west-gun E, Jeonbuk-gun, Jeonju District Court 2017.

Reasons

1. Facts of recognition;

A. On December 31, 2016, Defendant B entered into a contract for the installation of 100 kw solar power generation facilities with the Plaintiff-limited company (hereinafter “Plaintiff”) in the former Northwest-gun Gri (hereinafter “Gri”) as follows. Defendant B, the wife of Defendant B, entered into a contract with the Plaintiff company on the same day.

(1) Defendant B comprehensively represented Defendant C throughout the conclusion, implementation, and cancellation of the contract agreement between Defendant C and the Plaintiff Company; hereinafter the aforementioned two contracts collectively referred to as “each of the instant contracts”). The principal completion date of each of the instant contracts is until March 31, 2018; however, the site suspension of solar power infrastructure and the authorization and permission schedule, and the supply and demand of materials may be adjusted under an agreement between the parties.

The value of supply shall be KRW 217,00,000 (including value-added tax).

Of them, 30,000,000 won of the down payment to be paid at the time of the contract shall be substituted for the purchase cost of land, but where it is impossible for the Plaintiff to complete the construction due to land development permission and the securing of Han cable, etc., it means Defendant B or Defendant C.

shall be immediately redeemed from such bank.

The timing for payment of intermediate payments and remainder shall be determined through subsequent consultation.

The plaintiff company shall settle various civil petitions that may arise in the course of implementing solar energy projects.

If the plaintiff company fails to start the construction even after the agreed delivery date has passed without any justifiable reason, and if it is clearly recognized that the cause attributable to the plaintiff company cannot complete solar power infrastructure within the payment period, if the plaintiff company is deemed unable to achieve the purpose of the contract in violation of the terms and conditions of the contract, it may cancel all or part of the contract by notifying the plaintiff company in writing.

Plaintiff

The company shall provide various rental services, such as applications for permission for solar power generation projects, design and supervision, and structures.

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