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(영문) 서울북부지방법원 2020.01.10 2018가단22111
계약금반환
Text

1. The Defendant’s KRW 60,000,000 and its amount are 5% per annum from September 19, 2019 to January 10, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant obtained authorization on Jan. 20, 2006 for the establishment of a social welfare foundation which completed the registration of incorporation on Feb. 10, 2006 for the purpose of running the business for the elderly, the disabled, and the low-income bracket, and obtained permission to collect earth and stones (hereinafter “instant permission”) with regard to D and one parcel (hereinafter “instant land”) owned by C from the military market around Apr. 2012, 201 as indicated in the following table.

Earth and stone collection place: 13,423 square meters, access roads: 14,586 square meters, and the kind and quantity of 14,586 square meters: The period of removal of 81,406 square meters: The purpose of use from April 2012 to January 31, 2013: Earth and sand (for construction works on Eshore).

B. After that, on July 16, 2012, the Defendant entered into a sales contract for the development of superficies (in relation to the instant permission) with the Plaintiff and the limited liability company (hereinafter referred to as “Plaintiff, etc.”) (hereinafter referred to as “instant contract”), and the main contents are as follows.

DH BF Article 1 (Contract) A shall transfer to B all the rights and obligations with respect to the development of the surface rights and obligations of the owner of the land (C) and the land user (I) under an agreement with B.

Article 2 When there is a change in the size or quantity of the indication on the settlement of accounts, it shall be settled.

Article 4 Details

1. A shall transfer B, simultaneously with the contract, business rights to earth and sand and aggregate of the above marked real estate.

2.A shall cooperate with B for extraction of earth and sand and aggregate, and shall cooperate at the time of authorization and permission for the second portion.

6. In the event that a secondary authorization or permission (210,000 square meters) is not available, settlement shall be made so as not to cause any loss under mutual agreement, including the existing authorization or permission sales.

C. On August 7, 2012, F Co., Ltd. paid a down payment of KRW 60,000,000 to the Defendant pursuant to the instant contract, and collected soil and sand (3,874 square meters) from the instant land on three occasions on July 7, 2014, and supplied it to J, a contractor for coastal road construction, but supplied it.

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