손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The Plaintiff filed a claim against the Defendant for the delayed payment of KRW 3,00,000,000, and the Plaintiff filed a claim for the confirmation of the absence of a lien on KRW 50-11, and KRW 248,248,00,00 against the Defendant. The first instance court dismissed the part of the claim for the delayed payment, and dismissed the claim for confirmation of the absence of a lien.
As to this, only the plaintiff filed an appeal against the claim for liquidated damages of KRW 2,500,000 among the above dismissal judgment and the part concerning the claim for confirmation of non-existence of a lien on the land of this case among the above dismissal judgment, the scope of the judgment of this court is limited to the claim for liquidated damages of KRW 2,500,000 and the part concerning the claim for confirmation of non-existence of a lien on the land of this case.
2. Basic facts
A. On December 13, 200, the Plaintiff entered into a contract between the International Comprehensive Land Construction Co., Ltd. (hereinafter “International Comprehensive Land Construction”) and the Plaintiff on December 13, 200 regarding the project for the adjustment of the land zone zone (hereinafter “instant project”) on the International Comprehensive Land Construction (hereinafter “International Comprehensive Land”), with the construction cost of KRW 15,248,00,000 (net construction cost of KRW 12,408,000), and the construction period from April 2, 2001 to July 2, 2003, with the construction cost of KRW 1/1,000 (hereinafter “instant contract”).
B. On July 2, 2003, the Plaintiff agreed to extend the completion date to July 2, 2006 due to the lack of the period required for follow-up work, such as the comprehensive international soil construction, the delay of construction, and the disposition of replotting. However, the Plaintiff, on November 24, 2006, declared on July 24, 2006, that the instant contract was cancelled on the international comprehensive land.
C. The Busan District Court filed a complaint with the Busan District Court on April 30, 2007 with the defect of the rehabilitation plan approval order on April 30, 2007 in the rehabilitation procedure 2006 combined1 of the International Land case (hereinafter "previous rehabilitation procedure"), and the Korea Mutual Savings Bank filed a complaint with the Busan High Court 2007Ra147. The Busan High Court revoked the rehabilitation plan approval order on September 21, 2007 and decided not to authorize the rehabilitation plan.