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(영문) 서울고등법원 2015.07.09 2013나72932
약정금반환 등
Text

1. Defendant in excess of the following amount with respect to the preliminary claim for the judgment of the first instance.

Reasons

1. Basic facts

A. The Defendant, as a juristic person operating D High Schools and E High Schools located in Ansan-gu, Manyang-gu, Mangyang-si, the city area of the city, shall move the said schools to F and two lots, an area other than F (hereinafter “instant school relocation project”).

G Co., Ltd. (hereinafter referred to as “G”) around February 2000, which is an administrative service executor around February 2000

(2) The Plaintiff entered into an agency contract with the Plaintiff on November 27, 200, and held a board of directors on November 27, 200 and held a 73,756 square meters and above-ground buildings (hereinafter “instant school property”).

(2) On October 9, 2002, the Defendant concluded a contract with I Co., Ltd. (hereinafter “I”) to sell the pertinent school property at KRW 50,199,750,000 (hereinafter “first contract”) and the Defendant prohibited the Defendant from entering into a new agreement or contract with others on the instant school property, and paid the Defendant KRW 1,50,000,000 equivalent to KRW 3% of the purchase price with the agreed amount.

I paid 1.5 billion won to the defendant on the date of conclusion of the first contract.

B. The Defendant submitted the “W (E) Residents’ Proposal prior to the instant school relocation project” at Ansan-si. However, on September 19, 2002 and January 7, 2003, the Ansan-si rejected the instant school relocation project on the grounds of the “damage to the natural environment of the area subject to the school relocation, an increase in traffic congestion on the existing transit roads, and inappropriate location of the existing apartment site for the existing school property,” and accordingly, the instant school relocation project that the Defendant continued to have been appointed as the Defendant’s director from around 1997 and was in charge of the instant school relocation project from around 1997, K was to sell the instant school property at KRW 70,280,248,50.

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