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(영문) 의정부지방법원 2016.07.13 2015가합53831

손해배상

Text

1. The defendant shall be the plaintiff.

A. In relation to the 11,534 square meters of land A in Guri-si, Guri-si, the Gu Government District Court.

Reasons

1. Basic facts

A. On August 21, 2014, the Defendant entered into a sales contract between the Defendant’s public announcement of tender and the Plaintiff (i) the Defendant is a 11,534 square meters in Guri-si (11,194 square meters in general residential area, 340 square meters in natural green area; hereinafter “instant land”).

As to the estimated price, KRW 15,546,057,570 is to be sold by means of general competitive bidding (hereinafter “instant public notice of sale”).

The main contents of the instant public notice of sale are as follows: ① the public notice of the sale of the Defendant’s property through general competitive bidding is to be given in advance, and the time to respond to the bidding after viewing various public records such as the on-site verification of the sale property, urban planning resistance and administrative restrictions; ② the land use of the sale property is called “B elementary school” (hereinafter referred to as “B elementary school”).

(3) In order to satisfy the number of students to newly establish the number of students, a multi-family housing site for multi-family housing business shall be considered as a site for multi-family housing business (Article 12). (3) Even if a successful bidder is subject to restrictions on the acquisition of the pertinent land due to lack of other statutes or administrative matters, or disadvantage arises in the exercise of property rights after the acquisition of the sold property, the defendant shall not be held liable, and since the sale of the pertinent land is in full condition, the matters regarding the indication of the instant land shall take precedence over all kinds of public records. As such, the defendant shall not be held liable for any limitation on the relevant laws and regulations concerning the acquisition of property and the limitation on the utilization of land, such as buildings on the sold land, etc., and the restrictions on the use of land due to underground buried property, the plaintiff shall check in advance the relevant laws and regulations and the field, etc. (Article 13. 2) and shall comply with the bid deposit, and after receiving the bid bid price on September 12, 2014, the remaining one shall be paid up to 14.14.1.1.