beta
(영문) 서울고등법원 2016.04.28 2014나53716 (1)

선수보증금 등

Text

1. The part of the judgment of the court of first instance, including the Plaintiff’s claim extended in the trial after remanding the damages, is as follows.

Reasons

1. The reasons why this court shall explain this part of the facts are the same as the entry of “basic facts” under paragraph (1) of the judgment of the court of first instance, and they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. On December 31, 2009, the Defendant asserted the Plaintiff’s assertion that the time of land use was set as the time of December 31, 2009 and concluded the instant player agreement, but rejected the conclusion of the agreement with the time of land use as the time of land use as of June 30, 2010.

This constitutes a refusal of the implementation of the instant player agreement by the Defendant, and the Plaintiff, on March 22, 2010, lawfully rescinded the instant player agreement.

Therefore, the Defendant is liable to compensate the Plaintiff for damages of KRW 139,185,150,000 (per one square meter x 1,370,595 square meter x 101,595 square meter x 101,595 square meters) of the estimated price of the instant land on April 1, 2012, when the instant apartment house constructed and sold to the Plaintiff was completed without the Defendant’s refusal of performance due to the Plaintiff’s normal performance of the business designated by the Defendant (i.e., one thousand square meter x 111,754,50,500 square meters) and the Defendant notified the Plaintiff on November 10, 209 of the supply price of the instant land indicated in the guidance to conclude this contract (i.e., one thousand square meter x 1,100,000 x 101,595 square meters x 101,595 square meters).

B. The Defendant’s assertion 1 is characterized as a pre-sale agreement, and it is not a binding contract itself, and the timing of land use at the time of the instant supply announcement, taking into account the characteristics of the player agreement with strong variable character, may change depending on the progress of the construction of the land for public housing. The time of conclusion of this contract is determined and notified to the Plaintiff by taking into account the progress of the development project and the approval of the execution plan.