계약금반환등
1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.
1. The scope of this Court’s adjudication at the first instance trial to the Defendant as the principal lawsuit, filed a claim for the return of down payment of KRW 750,000,000,000 and the payment of KRW 44,160,858 of the damages equivalent to actual expenses, and the Defendant filed a claim for the payment of KRW 100,000,000 as a counterclaim, and the amount equivalent to KRW 256,00,000,000, and the amount equivalent to the management expenses, and KRW 134,840,000,00 as a compensation equivalent to the amount equivalent to KRW 256,00,00 as a counterclaim. The court of first instance accepted only the portion of the Plaintiff’s claim for the return of down payment and penalty, and dismissed all the remainder of the claim and counterclaim
Since only the defendant appealed against this, the subject of this Court's judgment is limited to the return of down payment and the claim of down payment of penalty in the principal lawsuit and the part of the counterclaim claim.
2. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance excluding the part concerning the claim for damages among the plaintiff's main claim) is the same as that of the judgment of the court of first instance excluding the part concerning the claim for damages among the main claim of the court of first instance citing this case as it is.
3. The 23th written "(4)" of the judgment of the court of first instance shall be added to "(6)".
The notice of the determination of urban planning facilities and topographic drawings (No. 2015-85 of the Daegu Metropolitan City Notice, No. 2015-85 of the Daegu Metropolitan City Notice, hereinafter “instant notice”) in the fifth 10,11 of the first instance judgment shall be issued as “the determination of urban planning facilities” and “the determination of urban planning facilities and the publication of topographic drawings (No. 2015-85 of the Daegu Metropolitan City Notice, No. 2015-86 of the Daegu Metropolitan City Notice, No. 2015-86 of the instant announcement; hereinafter “instant announcement”). The term “the instant leased object” in the 7th 12th ,8 5, and 15th 15 of the first instance judgment shall be read as “the leased object”. The portion of penalty for breach of contract shall be calculated as “the portion of penalty for breach of contract for breach
4. The portion determined additionally by this Court
A. 1 The Defendant changed the purpose of Article 5(2) of the instant lease agreement.