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1. The Defendant (Counterclaim Plaintiff) paid KRW 65,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from July 15, 2015 to November 16, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff and C’s instant solar power generation business agreement 1) the Plaintiff’s form G on behalf of the Plaintiff. On September 201, 201, the Plaintiff changed the Plaintiff into “E Company” on September 201, 201 (the representative director D, September 20, 2012)
hereinafter referred to as “C”
) The forest land of this case and the 25,620 square meters of the Jinsung-gun of Gangwon-do (hereinafter “the forest of this case”).
(2) In the instant solar power generation business (hereinafter referred to as the “instant solar power generation business”).
(2) On September 8, 201, the Plaintiff concluded a contract on the transfer of the instant forest to the solar power generation business under the name of the original Defendant for the purpose of the solar power generation business, including the purchase of the instant forest, which is the business site, to bear the sales price for the instant solar power generation business, and to bear the costs of granting permission for the instant solar power generation business, such as obtaining permission under the name of the Defendant, the subsidiary company. (2) On September 8, 2011, the Plaintiff and C drafted a written contract on the transfer of the instant forest for
The above transfer and acquisition contract shall contain the following contents:
① The Plaintiff shall transfer land ownership registration to the Defendant after the purchase of land.
Article 1. (2) The Plaintiff shall preferentially pay the price for the preliminary examination, development activities, forest scams, etc. after the purchase of land, and shall be paid by the Defendant at the time of land transfer and acquisition, the Defendant shall be liable for the permission, and if it is impossible to obtain the permission, the Defendant shall reimburse
(3) After obtaining permission for development activities, the Plaintiff must extract the trees of the relevant project site and perform the basic civil works required by the Defendant.
(3) On September 9, 201, the Plaintiff paid KRW 30 million to H with the cost of designing solar power plants. (b) The instant agreement is drafted as follows: (a) The instant solar power generation business was not run due to the Defendant’s failure to obtain the authorizing and permitting guaranty insurance policy; (b) the original Defendant bears the costs of the solar power generation business in the instant case on or before February 15, 2012, and the Defendant bears this under the name of the Defendant.