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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) The Defendant is the implementer of the Songpa-gu Seoul Metropolitan Government Urban Development Project, Songpa-gu, Seoul, supplied a commercial site in the Seodaemun-gu (U.S.). 2) The Plaintiff is a company established by the association consisting of the owners supplied with the land for countermeasures against life following the urban development project in the Seodaemun-gu.
B. On May 14, 2013, the Defendant announced a public announcement of the sale of the commercial land in Seodaemun-gu. 2) While announcing the public announcement, the Defendant attached a drawing of 8-2BL out of 8BL (Seoul Songpa-dong 326-6 large scale 3,321m2, hereinafter “instant land”).
According to the above drawings, the part abutting on the right road of the land of this case was set up a non-entry section, but there was no non-entry section on the part abutting on the left road.
3) The Plaintiff participated in the bid procedure and was selected as a successful bidder of the instant land. (C) On June 5, 2013, the Plaintiff concluded a sales contract with the Defendant to purchase the instant land from KRW 35,601,77,000 (hereinafter “instant sales contract”).
2) The land sales contract (Evidence A No. 1) prepared at the time when the Plaintiff and the Defendant entered into the instant sales contract is indicated as follows. ① The Defendant shall designate the use of the land as a commercial site and use it for the designated purpose (Article 1). ② At the time of entering into this contract, the Plaintiff shall pay the Defendant a down payment of KRW 3,560,177,70 to the Defendant, and shall receive it. The down payment shall be appropriated for part of the purchase price (Article 3) (Article 3). The Plaintiff shall pay at least 20% (7,120,35,400 won) of the purchase price to the Defendant as an intermediate payment within September 3, 2013, and the remainder shall be paid to the Defendant in balance (Article 4.3) within June 5, 2014.