손해배상
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.
1. The scope of adjudication in this Court concluded a development contract with the prop and concluded the contract with the defendant for its implementation, and the contract is terminated from the prop due to the violation of the defendant's contract. ① Special damages equivalent to 663,316,00 won for the enforcement of the development contract, ② Ordinary damages equivalent to 37,479,680 won for the performance of the contract with the defendant.
The court of first instance accepted the plaintiff's claim for special damages and dismissed the claim for ordinary damages.
However, since only the defendant appealed to accept the claim for special damage, the scope of the trial of this court is limited to the above cited part.
2. Basic facts
A. On February 26, 2012, the Plaintiff entered into a development agreement (hereinafter “instant development agreement”) in order to newly construct a complex shop with the 7th floor above the ground level of the second floor above the Incheon Yeonsu-gu E (hereinafter “instant building”) on the ground of 1,012 square meters between D, C, Q, R, R, S, and T (hereinafter “B”), and the main contents are as follows.
Article 3 Import Payment Method
(a)The term “A (referred to as the owner)” shall provide the said land to the Project, and the term “B (referring to the plaintiff)” shall ensure that “A” has the entire shares of the first floor of the building completed;
(b) “B” shall bear the full amount of the development cost of the project, and “A” shall ensure the remainder of the building completed to “B,” excluding the shares of “A”;
Article 5 (Rights and Obligations)
(b) “A” shall delegate all procedures and authority related to the development to “B” until the completion of the project in order to promote the project;
(c) “A” must provide “B” with all administrative procedures necessary for the promotion of the project and the submission of accompanying documents;
(Delivery, Signature, Signature, and Signature) of land use, certificate of personal seal impression, and other documents related to the project;
(a) “B” is necessary for the Project;