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(영문) 수원지방법원 2019.09.04 2018나91247

매매대금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance except for the following "2. height", and thus, it is acceptable by the main sentence of Article 420 of the Civil Procedure

2. Parts in height:

A. Paragraph 1-b of the first instance judgment is dismissed as follows.

“The scheduled date of occupancy in the instant sales contract was around March 2018, and the Defendant reported the scheduled date of commencement to March 16, 2016, but the Defendant changed the scheduled date of occupancy to December 2018, and the actual completion date was March 15, 2019.”

B. Article 2-2(b) of the judgment of the court of first instance is dismissed as follows.

(1) The summary of the Defendant’s assertion that the delay in the construction was due to an illegal or unjust disposition or direction of business at Seopopopopo City, and thus, there is no cause attributable to the Defendant. 2) The Defendant asserts that there is no reason attributable to the Defendant. 2,293.07 square meters from Seopo City on March 23, 2015 (i.e., commercial area 1,562.68 square meters; hereinafter “instant business area”).

(B) On May 4, 2016, in the case of an Eup/Myeon urban planning district located within the instant project area under the comprehensive plan for the development of free international cities under Article 223 of the former Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (amended by Act No. 13660, Dec. 29, 2015; hereinafter “Special Act on Jeju”) the maximum height of buildings in the case of an Eup/Myeon urban planning district located within the instant project area (hereinafter “comprehensive plan”), commercial area is 25 meters in the case of a commercial area and 20 meters in the case of a quasi-residential area, the height of the part belonging to the commercial area and the height of the part belonging to the quasi-residential area should be limited to 25 meters in the case of a quasi-residential area, and the height of the part belonging to the quasi-residential area should be limited to 20 meters in the case of a quasi-residential area.

C. The defendant is an indivating administrative disposition against the above request.