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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Due to the principal claim.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 28, 2018, the Plaintiff and the Defendant concluded a contract (hereinafter referred to as the “instant contract”) under which the Plaintiff newly built a mushroom cultivation plant to the Defendant on the frontnam-gun C and D’s surface, and installed solar power plants with the installation capacity of 300kmW on the rooftop (hereinafter “instant solar power plants”) to contract KRW 55 million [the intermediate payment of KRW 157 million (after permission for the generation of the down payment) plus the remainder of KRW 157 million (the remainder of KRW 385 million)] with the installation capacity of KRW 300,000 (hereinafter referred to as “instant contract”).
B. On September 4, 2018, the Plaintiff paid a down payment of KRW 10 million to the Defendant on around one week after entering into the instant contract.
C. According to the instant contract, the Defendant commenced necessary administrative procedures, such as permission for development activities for the new construction of a mushroom cultivator, and applied for permission for construction permission and permission for development activities to Jindo-gun on October 10, 2018. Accordingly, the Jindo-gun Scenic Deliberation Committee was held on February 27, 2019, and the matters to be supplemented by the aforesaid Scenic Deliberation Committee were pointed out and supplemented, and passed the second Scenic Deliberation Committee.
In order to install solar power generation facilities, permission to engage in electricity generation business under the Electric Utility Act and permission to engage in development activities under the National Land Utilization and Planning Act is required. At the time of conclusion of the instant contract, Jindo-gun does not request a separate permission to engage in development activities on the rooftop of a building in accordance with the Ministry of Land, Infrastructure and Transport construction policy of the Ministry of Land, Infrastructure and Transport as of November 5, 2015 and the guidelines for installation of solar power generation facilities on the rooftop of a building as of November 11, 2015 and the guidelines for installation of solar power generation facilities on the rooftop of a building as of November 11, 2015.