손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The non-party SD Co., Ltd. (hereinafter “SD”) purchased the land of Jung-gu, Daegu-gu, and promoted the apartment reconstruction project (hereinafter “instant implementation project”). The Defendant was a person who was the owner of the housing of 112 square meters and 2-story above the ground (hereinafter “each real estate of this case”).
B. On April 7, 2005, E.S. purchased each of the instant real estate located within the instant implementation project site from the Defendant as the seller “Defendant” and “Esdi et al.” and purchased KRW 198,00,000,000. The down payment of KRW 20,000,000 after the completion of the contract at least 85% of the entire parcel of land prior to the project subject to the project, and the remainder of KRW 178,00,000,000 should be paid at the time of completion of the contract after the project approval or the completion of the contract of the previous parcel of land (hereinafter “instant sales contract”).
Article 1 (General Provisions) of the Agreement on Sale and Purchase of Real Estate shall enter into an agreement between the seller B (hereinafter referred to as the "A") and the buyer and one other (hereinafter referred to as the "B") on the following terms:
Article 10 (Transfer of Ownership) “A” shall issue all documents necessary for the transfer of ownership to a third party designated by “B” and shall bear the burden of “B” for the transfer of ownership in order to receive the balance of the purchase price and to smoothly carry out the business of “B” or “B”.
Article 13 (Compensation in Cases of Violation of Contract) Where it is impossible to perform a contract or to carry out the project due to the breach of the contract of “A” without justifiable grounds, “A” shall pay to “B” the total amount equivalent to the amount already paid and the expenses incurred in implementing the project immediately.
C. On February 2, 2006, E.S. paid 20,000 won for down payment under the instant sales contract to the Defendant.
SDR Co., Ltd. on April 1, 2014