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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
(a) Compensation for damage may be claimed respectively to the other party, and the compensation for damage shall be deemed to be the basis for compensation for damage, unless otherwise agreed;
Matters of special agreement
1.The contract will be cancelled simultaneously with any balance of provisional attachment (as 94,216,270 won) and collateral security (as 1,410,000 won).
d. D Permission Site 2750 square meters (Attachment to Business Plan for Factory Start-Up) (E Division);
5. The seller (B) shall pack the portion which is not packaged by the Corporation at his own expense.
6. A seller (B) shall, at the request of a purchaser, complete the construction of the retaining wall, block or concrete retaining wall on the surface of the site in accordance with the period of the purchaser;
7. The height of a D site shall be determined by the purchaser within 1.5 meters and the construction work shall be completed at the prescribed height of the seller (B) in accordance with the period of the purchaser;
10. If the construction of a factory by a purchaser of the above land is not possible, the seller (B) shall be liable.
(Sale's Account: Nonghyup***************-*). [Grounds for Recognition] A, entry in the evidence Nos. 1 and 4, and the purport of the whole pleadings.
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that the Plaintiff purchased the instant land for the purpose of constructing a new factory, and agreed with the Defendant to obtain permission for factory as stipulated in Article 10 of the Special Agreement with the Defendant, and that the Defendant will perform the Defendant’s obligation to cooperate more than the remainder payment of the Plaintiff.
Pursuant to Article 10 of the aforementioned special agreement, the Defendant failed to comply with the obligation of the Plaintiff to cooperate in obtaining factory permission by providing the Plaintiff with related documents, such as application for cancellation of factory permission and written consent for land use prior to the payment date of the remainder
Accordingly, on August 3, 2015, the Plaintiff notified the Defendant to cooperate in submitting relevant documents in order to obtain a new permit, and notified the Defendant that the instant contract will be rescinded if the Defendant did not perform this. On August 4, 2015, the Defendant also issued the instant contract to the Plaintiff.