손해배상(기)
1. All of the counterclaims filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall be dismissed.
2. Of the costs of lawsuit, the principal lawsuit.
A principal lawsuit or counterclaim shall be deemed to be a same.
1. Basic facts
A. On December 2012, the Defendant started construction of accommodation facilities of five stories above ground leveling to five stories above ground leveling around January 2013 by obtaining a construction permit on the ground of M and six parcels, Seopo-si, Seopo-si, Seopo-si, Jeju Special Self-Governing Province Governor.
(hereinafter “instant construction” and “the instant accommodation facilities”. B.
As a result of an on-site investigation conducted by experts on May 29, 2013 at the construction site of the instant case, the geological structure, etc. of the relevant dynamic and surrounding areas was deemed to have academic value.
On June 10, 2013, Seopo-si requested the Defendant to prepare measures for the discovery of buried cultural heritage, such as conducting an excavation and inspection of the same excavation in the presence of the relevant experts, and the Defendant around that time conducted a witness inspection on the site of the instant construction including the excavation discovered as above.
C. From August 2013 to August 2014, the Defendant concluded a sales contract with the Plaintiffs regarding the partial sectional ownership of the instant building as follows (hereinafter “instant sales contract”).
Article 2 (Sale Price and Payment Method) (4) Any remittance fee and credit card fee incurred at the time of payment as agreed in this Article shall be borne by A (Buyer).
Article 3 (Time Limit and Conditions for Completion and Transfer) (1) B (Defendant) shall complete the construction before June 30, 2014 and shall obtain certification from relevant government agencies (including construction and test).
(2) B shall transfer and use the following things to A before November 30, 2014 (i.e., within five months from the date the relevant government agency's certificate was acquired after completion) after paying the unpaid balance, and after paying it, it shall be in accordance with the conditions of each of the following paragraphs:
(3) In cases of force majeure, Eul shall notify Gap within 15 days from the date of occurrence, and both parties shall cancel the contract or amend the contract.