손해배상(기)
1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from July 20, 2015 to September 8, 2015.
1. Determination on the cause of the claim
A. (1) On June 30, 2015, the Plaintiff entered into a sales contract with the Defendant for KRW 630,000,000 for the purchase price (hereinafter “instant sales contract”) with the amount of KRW 100,000 for Pyeongtaek-si C forest land (hereinafter “instant land”) and paid the Defendant KRW 100,00,000 for the down payment on the date of the contract.
(2) On February 2014, 2014, the COS Construction consortium proposed the instant project to conduct a public-private partnership project on Pyeongtaek-SOSA Highway (hereinafter “instant project”). On July 2014, the environmental transport department presented a draft strategic environmental impact assessment report on Pyeongtaek-SYAD project, which was conducted from July 24, 2014 to August 21, 2014 on the instant project, and was held an explanatory meeting on August 5, 2014. < Amended by Act No. 12548, Jul. 24, 2014>
(3) On December 30, 2014, there was a public announcement on the third party’s proposal for the instant project. On March 30, 2015, the Ministry of Land, Infrastructure and Transport published the proposal for the basic design at the Switzerland Construction consortium, and on May 6, 2015, the Ministry of Land, Infrastructure and Transport announced that he/she was designated as a priority negotiation subject for the instant project.
(4) The instant land is incorporated into the instant project site, and it is indicated that the instant land is incorporated into the instant project site even in the cadastral map used by D’s real estate brokerage office.
(5) The project is scheduled to determine land to be incorporated in the project site through the implementation plan approval procedure in 2017, and is aimed at commencing construction since 2018.
(6) In order to construct neighborhood living facilities, the Plaintiff requested a broker D to conduct land brokerage. At the time of the conclusion of the instant sales contract, the Plaintiff received “detailed statement of tax and service design cost calculation at the time of authorization and permission” from D, and at the time of conclusion of the instant sales contract, the Plaintiff expressed that he would build a building on the ground of the instant land.
(7) On February 2015, the Plaintiff knew that the instant land was incorporated into the instant site.