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(영문) 전주지방법원 군산지원 2018.08.30 2016가합11754
토지
Text

1. The part requesting restoration, among the lawsuits in this case, shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On August 5, 2014, the Plaintiff sold earth and sand on the instant land owned by the Plaintiff to the Defendant (hereinafter “instant sales contract”) (hereinafter “A”) and the Defendant “B”. The purchase price on January 1: 25 tons of 25 tons of dump (based on 13 cubic meters)

(2) At the time of commencement of taking out after permission for development activities, 60,000 won shall be calculated by calculating the total amount of taking out and the total amount of payment after completion of taking out.

3. Permission costs for development activities shall be borne by Section B.

(Provided, however, the applicant shall be A, and the applicant shall provide all documents necessary for the application for permission on behalf of B and actively cooperate in the application for permission). 4. Of soil and sand removal, the construction may be suspended and the purchase price shall be settled, and the expenses for the collection and transportation of rocks or pulse may continue to be borne by A in full.

5. The authority to take out earth and sand and to use earth and sand after the conclusion of a contract shall be vested in B.

6. Where it is impossible to take earth and sand out because it has failed to obtain permission for development activities, the contract shall be terminated and the down payment shall be fully refunded.

section 1.

B) On May 17, 2015, the Defendant entered into a contract with the Si of Kunsan, and the content thereof are as follows: (a) from the Si of Kunsan on May 17, 2015, the part on the ship’s 4,64.50 square meters (hereinafter referred to as “the part on the ship’s shore”) which connects each of the items of the attached Table 1 among the land in this case as indicated in the attached Table 1 among the land in this case, in sequence:

As to the Plaintiff, the permitting authority obtained permission to collect earth and sand from May 27, 2015 to April 30, 2016 (after that, upon the Plaintiff’s request, the period of permission for development activities extends to November 15, 2016, and thereafter, began collecting earth and sand from the lower part of the land.

C. Meanwhile, on the other hand, the Defendant collected earth and sand in the portion of land that did not obtain permission to collect earth and sand, and on June 16, 2016, the Gunsan City collected earth and sand without permission to collect earth and sand.

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