계약금반환 등
1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate from March 4, 2015 to May 13, 2016.
1. Facts of recognition;
A. On November 27, 2014, the Plaintiff entered into a sales contract with the Defendant with the content that the purchase price shall be KRW 1.34 billion, and the intermediate payment shall be paid KRW 200 million on February 13, 2015, and the remainder KRW 1.4 billion on March 18, 2015 (hereinafter “instant sales contract”), and paid KRW 100 million to the Defendant the down payment.
B. At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant agreed that “if the seller or the purchaser fails to fulfill the terms and conditions of this contract, the other party may demand in writing the other party to make a written notification and cancel the contract. In addition, the parties to the contract may claim damages arising from the termination of the contract to the other party, respectively, and the contract shall be deemed as compensation for damages, unless otherwise agreed on the damages, and the seller shall be aware that the buyer is to newly construct the real estate after the removal, and shall cooperate with the issuance and provision of documents related to the authorization and permission necessary
C. However, on January 15, 2015, the Mayor of Jongno-gu Seoul Metropolitan Government announced that permission to engage in development activities is limited to 582,297 square meters on the one side of Jongno-gu Seoul Metropolitan Government D, including the instant real estate.
According to the above announcement, permission for development activities such as building permission is restricted for three years from the date of notification, and construction, substantial repair, etc. of residential roads (single houses and multi-household houses) are excluded from exceptions or new construction, extension, etc. of at least three floors.
On February 6, 2015, the Plaintiff purchased the instant real estate by allowing the Defendant to build a 4th floor building, and it was impossible to construct the 4th floor building due to the restriction on permission for development activities.