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(영문) 창원지방법원진주지원 2015.12.23 2015가합79
손해배상(기)
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 November 8, 2013, B entered into a contract with the Korea Land and Housing Corporation for the purchase of KRW 2,677,777,000 of land size 1,037 in Jinju-si (hereinafter “the changed candidate”). On September 19, 2014, the Plaintiff entered into a contract between the Korea Land and Housing Corporation and B to succeed to all the rights and obligations of the purchaser of the said sales contract from B.

B. Since the Defendant had a plan to establish a new store within D where the changed candidate site was located, there was a need to sell or lease the building to be established, and even if the Defendant intended to sell or lease part of the building to be newly built on the ground near the changed candidate site, it was determined that the changed candidate site was excellent in the business conditions as a bank compared to the existing candidate site, and that part of the building to be newly built on the changed candidate site (hereinafter “the instant building”) was intended to sell or lease from the Plaintiff.

C. Around September 2014, F, a person in charge of contracts for the establishment and sale of a new D financial shop, requested the representative director G to newly construct the instant building and sell part of the building. At the end of several discussions among G, F, a person in charge of contracts for the sale of the instant building, would have purchased a lot of 49.83 square meters of the first floor of the instant building (hereinafter “the instant building part”), and was conducting negotiations to determine the sale price for the instant building portion.

On October 2014, the Plaintiff entered into a design agreement with C&C with the content that sets forth the design amount of KRW 77,646,00 (Additional tax separate) with respect to the construction of the instant building. On October 22, 2014, the Plaintiff obtained a building permit for the construction of the instant building from the J&C market, and on October 27, 2014, determined the construction amount of KRW 231,00,000 (including additional tax) with respect to the construction of the instant building among the new construction works of the instant building.

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