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(영문) 청주지방법원 2014.09.04 2014가합25044
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 15, 2013, the Plaintiff was selected as a successful bidder for Seocho-gu Seoul Special Metropolitan City B (hereinafter “instant land”) where the Defendant announced a kindergarten site as a successful bidder, and entered into a sales contract with the Defendant for the total purchase price of the said land at KRW 1,278,805,00 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 127,880,50 as the contract deposit.

B. The Defendant’s “state” column of the “public announcement of the supply of the site for the formation of the Chungcheong Regional Headquarters” posted at the time of the public announcement of the instant land was indicated as follows.

The kindergarten site (the instant land) in C may establish nursery facilities, but it shall be constructed as a kindergarten with a total floor area of at least 70%.

In order to establish kindergartens and nursery facilities, separate qualifications shall be required, and matters concerning them shall be inquired of the relevant Office of Education.

Regulations on urban planning and building permission shall be consulted or dealt with by the competent administrative agency, and the Acts and subordinate statutes, municipal ordinances, etc. related to construction shall be inspected, verified, and observed by the contractor.

The purchaser shall directly verify the development status, current status, inside and outside of the project district, the conditions of the location inside and outside of the project district, and purchase the land by lot and enter into a bid for sale in lots and enter into a contract on the condition that it is acceptable, and the purchaser shall not

C. On December 27, 2013, the Plaintiff asked the Cheongju District Office of Education whether it is possible to grant a new permit to establish a kindergarten, and on December 28, 2013, the Cheongju Office of Education sent to the Plaintiff on December 28, 2013, the result of the investigation into the demand for enrollment of a kindergarten in the relevant area is that the fixed number of personnel of public groups, attached kindergartens, private kindergartens, and child-care centers is more than the number of children subject to enrollment in the relevant area, so

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, and the office of education at the Cheongju City of this Court.

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