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(영문) 의정부지방법원 2014.12.10 2014가합51623
매매대금반환
Text

1. The Defendant: (a) KRW 220 million to the Plaintiff; and (b) KRW 5% per annum from January 10, 2014 to May 18, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On December 6, 2013, the Plaintiff entered into a sales contract with the Defendant for the purchase of the instant land at KRW 220 million (hereinafter “instant sales contract”) with a view to newly constructing and operating a fish farm on the ground of Yangju-si, Yangju-si, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the following terms and conditions.

Matters of special agreement

1. The letter of consent to land shall be harmful to a building permit or banking and all documents shall be harmful to all of the construction;

1. The contract shall be terminated at the same time as the licence is granted.

1. Obligations to registered matters shall be deleted simultaneously with any balance;

B. On December 6, 2013, the Plaintiff paid the Defendant a down payment of KRW 20 million out of the instant purchase price, and paid the remainder KRW 200 million on January 10, 2014.

C. On January 9, 2014, the Plaintiff filed an application for a building permit to newly construct a Gyeyang on the ground of the instant land with the Yangju Mayor. However, on February 24, 2014, the Yangju Mayor rendered an alternative disposition (hereinafter “instant return disposition”) for the following reasons.

According to the provisions of Article 59 of the National Land Planning and Utilization Act, in the case of an animal-related facility the form and quality of which is not less than 660§³, permission for development activities shall be obtained after deliberation by the urban planning committee. In advance, in order to obtain permission for development activities and completion of construction in the name of land owner, the application for permission for construction (the contents of the project did not obtain deliberation by the urban planning committee and the permission for development) has been different from the purpose of the permission for development activities and the application for permission for development activities, and the request for supplementation of the portion of the land to be used as the access road to submit evidentiary materials for which the “approval for use” obtained from the Director of the Korea Rural Community Corporation in accordance with Article 31 of the Enforcement Decree of the Rearrangement of Agricultural

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