(영문) 대전지방법원 2017.09.06 2017가합101953

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(영문) 대전지방법원 2017.09.06 2017가합101953

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a stock company that runs the business of gathering and processing earth, sand, and rock, and the Defendant is a stock company that produces and sells earth, sand, and rock.

B. On October 1, 2010, the Plaintiff entered into a contract with the Defendant for the sale and purchase of aggregate to be used or sold by the Defendant during the contract period from October 1, 2010 to September 30, 2012. On February 28, 2012, the Plaintiff entered into a modified contract with the Defendant for the extension of the contract term of the said aggregate trading contract from February 1, 2012 to January 31, 2015.

C. On April 29, 2013, the Plaintiff entered into a modified contract with the Defendant to add the following:

Article 4 (Term and Revision of Contracts)

1. The contract period shall be from May 1, 2013 to December 31, 2026, and shall be determined through mutual consultation, if a ground for extending the contract arises (the extension or extension of permission).

Article 9 (Purchase of Land and Implementation of New Permissions)

1. The Plaintiff should purchase a parcel of land 188,628 square meters necessary for a new permission under the name of the Defendant, and ensure that the Plaintiff does not have any problem in the process of collecting stone.

[List of Purchasing Land] 1,190 square meters [B] 22,810 square meters (owner: D) of Sejong Special Self-Governing City C (forest) 22,810 square meters (owner: D) of Sejong Special Self-Governing City 76,06 square meters (owner: G, H, and I) 88,562 square meters (owner: K) of Sejong Special Self-Governing City 88,562 square meters (forest)

2. In the purchase of land by the Plaintiff, the Defendant actively cooperates with the Plaintiff, and the Defendant shall transfer ownership to the Plaintiff when the Plaintiff requests the sale of the new site in the aggregate of the purchase cost after the new permission.

(Incidental Expenses, such as registration tax, corporate tax for non-business use, brokerage fee, etc.). 3. With respect to the land purchased by the plaintiff, new authorization and permission shall be conducted in the name of the plaintiff, all of the relevant expenses shall be handled at the plaintiff's expense, and new permission shall be granted for the land located in the Jeju

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