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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the land indicated in the attached list Nos. 1 through 4 and the attached list No. 5.
Reasons
1. Facts of recognition;
A. On June 14, 2015, the Plaintiff entered into a solar power plant construction agreement (hereinafter “previous 1 agreement”) with the Defendant to purchase KRW 5103,00,000 among the remainder of the land on which the Plaintiff had no power plant installed, at KRW 36,323,00,000,000 for the construction cost of KRW 360,000,000 for the solar power plant connected to the system, as well as the construction period, from June 14, 2015 to February 28, 2016.
B. On June 16, 2015, the Plaintiff entered into a solar power plant construction contract (hereinafter “previous 2 contract”) with respect to a part of KRW 36,323 square meters of the land owned by the Defendant, Cheongdo-gun, Cheongdo-gun, Cheongdo-do-gun, Gyeongbuk-do-do-do-myeon, Gyeongdo-do-do-myeon, 198, to be installed within six months from the date of completion of the authorization and permission for the electric generation business (hereinafter “former 2 contract”).
The previous 2nd contract was concluded to change the parties to the former 1 contract from C to E.
C. According to the previous 2 contract, the Plaintiff established a solar power plant to the Defendant, and paid the remainder after deducting five million won from the land purchase price.
On October 19, 2017, the Plaintiff entered into an agreement with the Defendant and E (hereinafter “instant agreement”).
The Plaintiff increased the area of land to be purchased from the Defendant from 16,859.4 square meters (al. 5,103 square meters) to 22,535 square meters (al. 6,152 square meters), and accordingly, the price shall be increased to KRW 25,500,000,000 from KRW 250,000,000,000, plus KRW 45,000,000,000,000,000, which was added to the land remaining in accordance with the previous contract Nos. 1 and 2, shall be paid at the same time for the remainder of solar power plants, and when the payment of the remainder is completed, the Defendant also extended the outcome of the land survey in the attached Form Nos. 1 through (4) and the land listed in the attached Table No. 5.
c. marks;