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(영문) 서울중앙지방법원 2018.07.18 2017가합568717

손해배상(기)

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In accordance with a plan to create D in the name of “C (C; hereinafter “C”) on the land of 569,742 square meters in Mapo-gu Seoul Metropolitan Government, which was established in around 2000, the head of the Defendant’s head (the head) changed C’s urban planning regarding the housing site development project in around 2002. On May 3, 2002, after formulating the guidelines for the supply of the C Housing Site on May 16, 2002, the Seoul Metropolitan Government Urban Development Corporation announced the supply of the C project site.

B. The F Co., Ltd. (hereinafter “F”) filed an application for the supply of C business sites with the Germany’s universities and research institutes to establish “G (G and G)” in C, and the Defendant selected F as a supply target and sold F business sites “C4” in April 15, 2003, “E1-1” and “E1-2” in April 30, 2004, respectively.

(hereinafter “instant supply contract”). C.

F around May 4, 2004, around 2004, the F started the recruitment of occupants by obtaining approval for the announcement of the recruitment of one complex and two complex buildings to be newly constructed for the above E1-1 and E1-2 (hereinafter collectively referred to as “instant buildings”).

On June 14, 2004, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the supply value of H2 complex 117 as KRW 846,610,000 among the commercial buildings in the instant building (hereinafter “instant commercial building”). On October 5, 2007, the Plaintiff completed the registration of ownership transfer as to the said sales contract.

F Around August 2007, the construction of the instant building was completed and approved for use, but G was not established as scheduled thereafter, and was declared bankrupt on October 18, 2010.

E. Meanwhile, on September 17, 2007, the Defendant registered the provisional registration of the right to claim ownership transfer (hereinafter referred to as “the provisional registration of the right to claim ownership transfer of this case”) on the ground of a pre-sale agreement with F on the same day with respect to the I building 401 (hereinafter “instant real estate”).