손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 9, 2017, C entered into a sales contract with the Defendant to purchase a total of KRW 1,061 square meters of the purchase price of KRW 642,00,000 (hereinafter “instant real estate”) from Chungcheongnam-si, Chungcheongnam-si and E (hereinafter “instant sales contract”) and the main contents thereof are as follows:
(‘A’ means the Defendant, “B,” and “B” means the real estate indication and the area of land: name D, E (two parcels) 1,061 square meters in Chungcheongnamnam-si: The scale of the new construction works of the Asan Fri collective housing: Two units of multi-households (29 square-16 households): The purchase price for conditional land purchase and sale contracts: 642,00,000 won.
4. From the date of the conclusion of this project agreement, all the expenses for enforcement and execution and authorization and permission shall be paid by “B”, and “A” and “B” shall enter into and proceed with a contract to implement the commitments.
5. In carrying out the Project, when the decision that the Project will be interrupted upon the occurrence of a problem with the implementation or execution of the Project, and the decision that the Project will be interrupted, “B” shall follow the direction of “A” and “B” shall be paid at the time of the completion of the subsequent sale, and “B” shall not raise a civil or criminal objection in any case.
B. On February 9, 2017, the date of the instant sales contract, the Defendant issued to C a power of attorney to delegate all legal issues pertaining to enforcement and execution to C in constructing a new multi-household house on the instant real estate.
C. Accordingly, on February 10, 2017, G Co., Ltd. (hereinafter “G”) concluded a construction contract with the content that “the name of construction: Newly built construction of multi-household housing on the instant real estate (hereinafter “instant construction”) and the commencement date: May 10, 2017; the construction cost: 1,95,200,000 won (excluding value-added tax)” contracting for construction work.
He applied for a building permit on his behalf for the Defendant on April 7, 2017, in order to obtain a building permit for the instant construction project, but superficies consent, etc. are given.