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(영문) 인천지방법원부천지원 2016.05.27 2015가합103622
계약금반환
Text

1. The Plaintiff (Counterclaim Defendant) is fully paid KRW 500,000,000 to the Defendant (Counterclaim Plaintiff) and its payment from May 12, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On August 5, 2009, the Plaintiff entered into a sales contract with the Defendant and Kimpo-si to purchase the instant land at KRW 3.9 billion for the construction waste disposal business (hereinafter “instant land”) with the Defendant and Kimpo-si, D forest, D forest, E forest, F forest, G transfer, H transfer, and I forest (hereinafter “the instant forest”). The said sales contract concluded that KRW 390 million for the down payment of KRW 390 million on the date of the contract and KRW 90 million on August 7, 2009, respectively.

(2) At the time of the above sales contract, the instant land was located within the land transaction permission zone (except for the land transaction permission zone on May 31, 201) and the Plaintiff needed to newly build waste disposal facilities on the said land. As such, the Plaintiff and the Defendant concluded a detailed agreement with regard to the land transaction permission and the new construction of a factory on the instant land at the time of the said sales contract, and a summary and reorganization of the content thereof is as follows.

1) By November 25, 2009, the Plaintiff, on its own responsibility, obtained land transaction permission and completed the necessary civil engineering work with respect to the instant land. 2) The Plaintiff, a landowner, obtained permission for new construction of a factory and change of business type on the instant land under the name of the Defendant, a landowner, and conducted waste disposal facilities construction on the instant land, and received a written request stating the details thereof from the Plaintiff to the Defendant.

The defendant shall cooperate in the execution of civil engineering works by the plaintiff under consideration of the authorization, permission and change of the type of business from the competent administrative agency, and in applying for

3) The interest accrued from the sales contract for the Defendant’s bank loans, which are collateral obligations with the right to collateral security established on the instant land, to the payment of the remainder is borne by the Plaintiff. 4) The remainder is the same as the completion of the construction of a factory, the permission and the change of business type is completed, and subsequent construction of civil engineering works and the land transaction permission for the instant

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