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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. On March 3, 2003, the Plaintiff was designated as a hot spring source protection district with respect to the land indicated in the attached list owned by the Plaintiff (hereinafter “instant land”).
On November 22, 2006, the Plaintiff agreed between the Defendant and the Defendant to sell at KRW 3,000,000, three hot spring tools on the instant land and its ground.
(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.
Article 2 The defendant shall make an agreement with the plaintiff on the trust of the plaintiff, such as documents of hot spring hole, and shall be three billion won a sale price among the terms of taking over all the rights to purchase land and hot spring hole.
① Payment of KRW 300 million to the agreed down payment on the agreed date ② Payment of KRW 300 million to the first intermediate payment as of November 30, 2006 ③ The remainder shall be paid as of November 30, 2006 under the terms and conditions of the Plaintiff, and the Defendant of Article 3 of the balance payment (Termination of Financial Right Establishment Relationship) within 30 days after the business approval was granted, along with the implementation of Article 2(1) to the Plaintiff, issued to the Defendant a written consent for land use and a certificate of seal impression, etc.
(1) Application documents for designation of a hot spring district: (2) Application documents for a housing site development project in a hot spring district. (4) Application documents for construction authorization ( many cases)
Article 7 (1), (2), (3), and (4) of the Act on Promotion of Projects, Promotion of Projects, and Construction Works, and the amount of money including the amount of money allocated and the amount of profit-making loss incurred, such as the total amount of losses incurred in the aggregate of expenses paid out of the expenses incurred in the implementation of the project, the execution of the project, and the progress of the project, shall not be refunded to the Plaintiff when the Defendant violated Article 2 (1).
(b).