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(영문) 대구지방법원 경주지원 2018.11.30 2017가합2861

손해배상(기)

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant’s building permit, etc. 1) on September 5, 2016, the Defendant: (a) on the racing market on September 5, 2016, two parts (21,818 square meters) of D forest land in racing-si, the ownership of which is owned by the racing market;

(A) 1,013 square meters, part of the project (hereinafter “the primary project site,” and the remainder of 10,805 square meters is referred to as “the secondary project site.”

(A) A building permit was granted for the first-class neighborhood living facilities (retailing stores) which are entitled to engage in development activities with respect to the same (However, among them, a building permit was granted in the name of E, the Defendant’s wife for the area of 3,350 square meters, the name of F, the area of 2,884 square meters for the area of 3,350 square meters, and the remaining 4,779

(2) On December 13, 2016, the Defendant entered into a provisional contract with H to conclude a sales contract on the instant forest by January 10, 2017, and received KRW 100 million from H as a provisional contract deposit, but did not reach the conclusion of this contract.

3) Meanwhile, with respect to the forest of this case, each of the instant mortgages was set at KRW 845 million with respect to the maximum debt amount, KRW 1,000,000,000,000 for the mortgagee I, and KRW 180,000 with respect to the maximum debt amount, KRW 180,000,000 for the maximum debt amount, and KRW 2,000,000 with respect to the said forest (hereinafter each of the instant mortgages is referred to as “each of the instant mortgages”).

B) The Plaintiffs, who concluded a sales contract for the instant forest land, purchased the instant forest land from the Defendant in order to conduct the instant forest land development project on August 21, 2017 (hereinafter “instant sales contract”).

A) On the same day, the Defendant paid the down payment of KRW 100 million to the Defendant. The main contents of the instant sales contract are as follows. The seller of the instant sales contract are as follows: The Defendant buyer: the purchase price of the Plaintiffs: KRW 1.880 million: KRW 100 million (payment at the time of a contract): the intermediate payment: KRW 1 billion (payment on November 30, 2017), including the amount of collateral security (786.8 billion), (payment on November 30, 2017): The first loan of the second project site - The loan is KRW 786.8 million (individually succeeding to the loan): the cancellation of the contract) Article 6 (Cancellation of the contract.