손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On September 29, 2014, B Co., Ltd. (hereinafter “B”) entered into a sales contract with the Korea Land and Housing Corporation to purchase KRW 12,990 square meters in Daegu-gun D (hereinafter “instant land”) at KRW 3.6882,22 million and to pay the purchase price in installments as follows (hereinafter “instant sales contract”), and paid KRW 36822,220,000 to the Korea Land and Housing Corporation on the date of the contract.
The amount of the first contract deposit of September 29, 2014, the first installment of 368,220,000 on September 29, 2014, the second installment of 52,480,000 on March 29, 2015, and the third installment of 52,52,30,000 on September 29, 2015, and the third installment of 52,30,000 on March 29, 2016, respectively. < Amended by Presidential Decree No. 26300, Sep. 52, 2016; Presidential Decree No. 17530, Mar. 52, 2016; Presidential Decree No. 17530, Mar. 52, 200, 300; Presidential Decree No. 17530, Sep. 52, 2017; Presidential Decree No. 175305, Jul. 20, 20007>
B. On September 30, 2014, the Plaintiff paid KRW 184,110,000 to the Defendant.
C. B renounces the implementation of the instant sales contract, and did not pay the first installment and the sales installment after the said sales amount.
B was decided on December 28, 2016 by December 28, 2016 (U.S. District Court 2016 Gohap1056), and the Defendant was appointed as the manager of B on January 3, 2017 and taken over the instant lawsuit.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings
2. Judgment on the main argument
A. The Plaintiff’s assertion B purchased the instant land pursuant to the instant sales contract, and sold 1/2 shares to the Plaintiff, and the Plaintiff paid 1/2 of the sales price paid by B pursuant to the instant sales contract to B, and concluded a sales contract with the Plaintiff to compensate the Plaintiff for the double amount of the contract deposit if the Plaintiff breached the sales contract with B.
B Inasmuch as the obligation under the sales contract concluded with the Plaintiff was not fulfilled upon the waiver of the performance of the instant sales contract, KRW 368,220,000, which is the double amount of KRW 184,110,000, which was paid by the Plaintiff.