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(영문) 대구지방법원 2015.12.22 2015가단119342
계약금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 76,00,000 and 5% per annum from September 10, 2015 to December 22, 2015.

Reasons

A. The Plaintiff is a legal entity established to conduct electricity, gas, steam and water supply business, thermal power generation business, etc.

The Defendants are the owners of 838 square meters of forest C in Ansan-si, and Defendant B is the owners of 6939 square meters of forest C in Ansan-si.

On April 8, 2015, the Plaintiff colored the site for the establishment of a high fuel (SRF) incineration plant in Ansan-si. On April 8, 2015, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with the Defendants and their agents, with respect to KRW 1,378,00,000,000 (the remainder of KRW 1,00,278,000,000, and the remainder of KRW 1,278,000,000) with respect to the share of KRW 70/838, out of 838,000 square meters in Ansan-si C Forest, and D forest land 6939,000 square meters (hereinafter “each of the instant real estate”).

As the special terms and conditions of the instant sales contract, “The instant real estate is for the purpose of the buyer (the Plaintiff) to purchase each real estate with the permission for the designation of the electric utility business, so, KRW 8 million per month = 24 million per month from the down payment and the remaining down payment shall be refunded and the contract shall be null and void.”

The Plaintiff, on the day of the contract, remitted the down payment of KRW 100,000,00 to the head of the Agricultural Cooperative Co., Ltd. (Account Number F).

On May 22, 2015, the Plaintiff sent a content-certified mail to the Defendants, stating that “The instant sales contract becomes null and void according to the terms and conditions of the special agreement, as it is impossible to obtain an electric business license from the Ministry of Trade, Industry and Energy regardless of the Plaintiff’s intent to promote the business, due to the extreme civil complaints filed by residents,” and received the down payment around that time by the Defendants.

On August 12, 2015, the Plaintiff sent the same content-certified mail to the Defendants.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including a branch number),

A. The Plaintiff, as alleged by the parties, tried to build a power plant which processes the Plaintiff’s wastes, produces solid fuels, and incinerates them.

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