손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasoning for this part of the lower court’s reasoning is as follows: (a) except for the addition of “6. Other matters shall comply with the content of the supply notice (see December 12, 2014) and the Internet public notice notice document, etc.” to the 7th four (4) (hereinafter “special agreement”) of the first instance judgment; and (b) the reasoning for this part is as stated in the relevant part of the first instance judgment; (c) thus, the same shall be cited, including the abbreviation thereof, pursuant to the main sentence of
2. The plaintiff's assertion
A. According to the instant public announcement of sale and purchase agreement and the instant sales agreement, the Defendants are obligated to allow the Plaintiff, who succeeded to the buyer’s status, to use the instant land by completing infrastructure construction works, such as roads, electricity, water, gas, and the Internet, for the use of the instant land until September 2017, when land can be used.
However, the Defendants did not construct infrastructure, such as roads, etc. for the use of the instant land by delaying the performance of such obligations as above. On May 31, 2019, the Defendants opened the main entry road into the instant land. Accordingly, the Plaintiff was unable to use the instant land from October 1, 2017 to May 31, 2019.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 154,900,585 for damages equivalent to the rent that the Plaintiff suffered due to the use of the instant land during the above period.
B. The instant sales contract for damages for the decline in the land price due to the non-construction of accommodation facilities included the contents of the instant sales announcement to the effect that “it is possible to construct accommodation facilities on the instant land,” and on this premise, the instant sales price was determined at a high price which is clearly discriminated differently from other surrounding land.
However, the petition group where the instant land is located was incorporated into the Cheongju-si city on July 1, 2014, and according to the urban planning ordinance of the Cheongju-si, which was enforced on December 26, 2014, the instant land was located.