손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Party status 1) The Plaintiff purchased land from the Defendant and purchased it on the ground of that site, and purchased “C” apartment on the ground of 141 household size (hereinafter “instant apartment”).
2) As to the instant apartment construction, D Co., Ltd. (hereinafter referred to as “D”) is a joint executor and a contractor with respect to the instant apartment construction project.
B. On August 21, 2013, Defendant and D constitute a sales contract for the following terms (hereinafter “first sales contract”) on August 21, 2013:
(A) The Defendant entered into a contract with D, ① 4,019 square meters among 5,734 square meters of land for the E-Gun in Chungcheongnam-do (hereinafter “E”) and ② 3,430 square meters of land for the F factory (hereinafter “F land”) 3,559 square meters, ③ 207 square meters of land for the G factory, and total area of 7,656 square meters of land (including superficies) for the purchase price of KRW 2.3 billion.
B) The first sale contract is aimed at housing projects, and the following special terms and conditions shall be determined. (1) The land contract area of the land shall be adjusted after the partition survey is finalized (Paragraph 4). The resident, etc. in the site shall withdraw from the contract by December 31, 2013 under the Defendant’s responsibility (Paragraph 5). When Defendant D requests a contract for change as a corporation in which Defendant D invested 100% (no change in the content of the contract is made). (c) The Plaintiff and the Defendant entered into a sales contract for KRW 1,000,000 for the purchase price of KRW 3579 square meters for E land on February 3, 2014 (hereinafter “second sale contract”).
2) There were the following agreements among the special terms and conditions of the second sale contract. In other words, “resident (resident in the site) and others in the site shall take measures to leave until February 28, 2014 under the Defendant’s responsibility (paragraph 4).” D. 1) The Plaintiff and the Defendant concluded a sales contract with respect to F land 320 square meters on March 10, 2014 and building on the same land and E, with respect to purchase price of KRW 968 million (hereinafter “third sale contract”).
2. The third sale contract.