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(영문) 서울중앙지방법원 2018.08.23 2017가합556998
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

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 Gap evidence 1 to 6 (including each number, if any), Eul evidence 1 and 2, C (part), and D's testimony.

1) E Co., Ltd. (hereinafter “E”)

A) On December 9, 2011, this Court Decision 2011 Ma105 decided to authorize the rehabilitation plan. E is a “F business” on August 20, 2012 (hereinafter “instant business”).

3) Of the land, ten parcels, such as Yeonsu-gu Incheon Metropolitan City G (hereinafter “instant parcel”) owned by oneself is the land.

(i) In the public notice of the sale of open competitive bidding method with respect to the Plaintiff (the Plaintiff “Plaintiff”) is a company established for the purpose of amusement park and theme park operation, etc., if the tender participants pay a bid bond equivalent to 1% of the bid price at the time of submitting the tender, and ii) the tender bond deposited when the contract was not concluded or the contract deposit is not paid after the conclusion of the contract, due to any cause attributable to the participant selected as the priority bidder.

On October 19, 2012, the Plaintiff participated in the open competitive bidding at KRW 110 billion (including value-added tax) to purchase the instant land, and paid KRW 1.1 billion to E the bid deposit.

3) On November 15, 2012, E selects the Plaintiff as a priority negotiation subject to the instant land sales contract, and on April 2, 2013, E is “I Co., Ltd. (hereinafter “instant I”) established by the Plaintiff with respect to the conclusion of the said sales contract from the instant court.”

A license was granted to the effect that “The date of entering into a sales contract shall be within three business days from the following day of the court permission date, and the balance payment date shall be within 20 business days from the date of entering into the contract.”

B. On March 29, 2013, the Plaintiff entered into the instant advisory contract.

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