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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in evidence Nos. 1, 2, 5, 6, 7, 10, 12, 14, and 26:
On June 7, 2011, the Plaintiff (formerly, the Plaintiff is an urban living tower) was established on June 7, 201, and purchased KRW 1.7 billion for the purpose of using it as a site for the development of urban-type residential housing (hereinafter “instant land”) from Pyeongtaek-si A, 803.2 square meters owned by B for the purpose of using it as a site for the development of urban-type residential housing, and entered into a sales contract to substitute the Plaintiff’s payment of down payment and intermediate payment to the Korea Exchange Bank Co., Ltd. to succeed to the obligations of KRW 800,000,000,000,000,000 won.
B. On September 16, 201, the Plaintiff registered as a housing construction business operator. On the instant land, the Plaintiff filed an application for a building permit with the head of Pyeongtaek-si on September 21, 201, along with a written consent to the use of land in the name of the Plaintiff, and obtained the building permit from the head of Pyeongtaek-si on September 21, 201, by completing a construction design to establish one unit of multi-family housing of a total residential area (studio 132 households), officetels 36, retail stores, 15 stories above ground, total floor area of 4,789 square meters.03 square meters on the instant land.
C. On November 14, 201, the Plaintiff entered into a contract with the Defendant for the construction of the said multi-family housing (hereinafter “instant construction contract”) with the cost of construction of KRW 6.38 billion (including value-added tax), the construction period from December 1, 201 to April 30, 201, and the rate of penalty for delay at KRW 1/1,000 per day (hereinafter “instant contract”).
On January 9, 2012, the Plaintiff sent a public notice to the Defendant that “If the Defendant fails to faithfully perform the terms and conditions of the instant contract, including the commencement of construction by January 13, 2012, the Plaintiff may rescind the instant contract,” following the conclusion of the instant contract.
Accordingly, on January 12, 2012, the Defendant concluded the instant contract with the Plaintiff.