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(영문) 대전지방법원 2017.07.19 2015가합1813
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The plaintiff is a corporation established on May 23, 2013 for the purpose of rural housing construction projects, sales agency business, etc., and the defendant is a corporation established on June 7, 2013 for the purpose of tourist farm operation business.

The Defendant’s purchase of the instant forest was 19,835 square meters of C Forest and D forest and 20,231 square meters of land in August 21, 2013, and was 40,066 square meters of D forest and 45,421 square meters of land following the alteration of the area on October 15, 2013.

(hereinafter collectively referred to as “the instant forest”). On May 28, 2013, the Defendant purchased the instant forest from E with KRW 596 million, and completed the registration of ownership transfer on June 26, 2013 with respect to the instant forest land.

In order to construct the forest of this case with an agricultural and forest area, conservation and management area as prescribed by the National Land Planning and Utilization Act, and construction exceeding a certain size on the ground, permission for development activities, permission for conversion of mountainous district, permission for construction under the Building Act shall be obtained from the public market, and access roads exceeding a certain size shall be secured

On July 23, 2013, when the application for the tourist farm development business plan regarding the instant forest was filed by the Defendant, the Defendant representative director F entered into a service contract for dividing the instant forest into at least 30 parcels by December 30, 2013 and obtaining approval of the tourist farm development business plan with respect to the instant forest by December 30, 2013, and paid KRW 70 million in return.

From around that time to December 20, 2013 through G, the Defendant applied for approval of the project plan for the development of the rural farm at the time of public housing via G, but all applications were rejected on the ground that no written consent to the use of the access road was submitted.

Around April 2014, Defendant Company H filed a complaint with G to obtain service fees by deceiving H even though it is impossible to sell the instant forest land by way of the tourist farm development plan and the subdivision of the instant forest.

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