손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 150,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from April 21, 2016 to February 19, 2018.
. Accordingly, the Plaintiff paid KRW 30,000,000 to the Defendant on April 15, 2016, and KRW 20,000,000 on the 18th of the same month, and KRW 100,000,000 on the 21st of the same month, and KRW 150,000,000 on the 21st of the same month.
B. On April 21, 2016, the Plaintiff and the Defendant: (a) sold 737 of the instant land to the Plaintiff as factory site; (b) the remaining 450 square meters to the Plaintiff; (c) newly constructed and sold the two-story factory in the said factory site; and (d) on October 30, 2016, the scheduled date of occupancy (where construction completion date falls short of the scheduled date of occupancy, the date of construction completion); (b) the sale amount of KRW 1,500,000 (the contract amount of KRW 150,000,000,000 for the first intermediate payment of KRW 10,000,000 for the first intermediate payment of KRW 10,000 for the first intermediate payment; and (d) the sales contract of KRW 2 intermediate payment of KRW 96,000 for the second intermediate payment of KRW 00 on July 30, 2016 to the Plaintiff; and (e) completed the sales contract of KRW 1500,00.
C. The instant contract is stipulated as follows as a special agreement.
( approximate) * The total amount of this contract includes design cost, land cost, and construction work cost.
(Separate Rule of Foreign Affairs) (A)
5. Other (marity) - including authorization, permission costs, development contributions, civil engineering and construction design costs. Construction completion conditions (based on recognition) shall be non-strifed, Gap evidence 6, 7 and 15, Eul evidence 1, and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion falls under the contract for sale in lots. The Defendant neglected to apply for the approval of the establishment of a new factory for farmland conversion and the procedure for purchase of land, and failed to perform the construction of a new factory, etc., so the contract of this case is cancelled through the delivery of the copy of the complaint of this case. Accordingly, the Defendant is obliged to return the down payment of KRW 150,000 to the Plaintiff with the reinstatement.
B. The Defendant’s assertion 1 is a contract that aims at civil engineering works and new construction of a factory.
In addition, a person liable for payment of farmland is the plaintiff.