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(영문) 대구지방법원 2018.02.08 2017나307328
계약금반환
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the Plaintiff corresponding to the revoked part shall be against the Defendants.

Reasons

1. Basic facts

A. On November 4, 2016, the Plaintiff entered into a contract with the Defendants to purchase KRW 270,000,000,000 from Kimcheon-si E-si, Kimcheon-si, F-do, 1,015 square meters, G field 1,831 square meters, H field 2,195 square meters, and one previous 2,284 square meters (hereinafter “instant land”).

(hereinafter “instant contract”). The Plaintiff agreed to pay the Defendants the remainder of KRW 27,00,000 on the date of the instant contract, and the remainder of KRW 243,00,000 on December 5, 2016, respectively, to the Defendants, and paid the said down payment to the Defendants on the date of the instant contract.

B. In concluding the instant contract, the Plaintiff determined that “this land shall be purchased for solar energy projects, and the seller shall actively cooperate with the project, such as the requisition for written consent to this Chapter,” as stipulated in paragraph (4) of the said special agreement with the Defendants.

(hereinafter referred to as the “instant special agreement”). C.

Since then, in order to obtain the consent of the residents on November 9, 2016, the Korean Licensed Real Estate Agent J, which arranged the instant contract, concluded that “The instant land is located in front of the village, and the residents cannot consent to it.”

In addition, on the 21st of the same month, J made a call with Defendant B with “five or more times to obtain the consent of village residents, including the Kriri Dong,” and the head of Dong had found many persons who run solar-powered projects, but the head of Dong returned to the fact that the residents became aware of the fact that the landowners became the solar-powered project from the beginning, and the land owner would not become the solar-powered project.” The contract of this case was invalidated and the contract of this case was requested to return down payment.

However, Defendant B rejected the said request by J while denying that “W was unaware of the existence of solar energy in the instant land.”

On the other hand, M, the representative director of the plaintiff, is the representative director of M. 2016.

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