(영문) 광주지방법원순천지원 2015.07.17 2015가단1219

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(영문) 광주지방법원순천지원 2015.07.17 2015가단1219

손해배상(기)

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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 20,664,383.

2. The plaintiff's defendant B corporation

Reasons

1. Basic facts

A. On April 1, 2011, the Plaintiff entered into a sales contract with Defendant C, the representative of Defendant C (hereinafter “Defendant Company”), setting the purchase price of KRW 661 square meters (hereinafter “instant real estate”) as KRW 200,000,000,000 as the down payment, and paid KRW 150,000,000 as the down payment.

The part relating to the instant contract relating to the instant case is as follows.

2. Sales price: The balance of KRW 150 million: the seller’s defendant company under Article 2 (Transfer of Ownership, etc.) is named as the sales price.

The buyer refers to the buyer at the time of receiving the balance of the purchase price.

All documents necessary for the registration of transfer of ownership shall be issued to the person and shall cooperate in the registration procedure, and the delivery date of the said real estate shall be December 31, 2013.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. The balance and the promise to transfer registration after the completion of the civil engineering works;

2. Period of construction by 2013.

B. The instant contract between the Plaintiff and the Defendant Company was concluded for the purpose of constructing a building on the premise that the instant real estate, which is an urbanization coordination zone, was designated as a potential zone for urbanization of lightyang-si after the trend and that it would be possible to develop the instant real estate. Accordingly, the Defendant Company also had the civil engineering works on the instant real estate

C. The Defendant Company did not undertake the commencement of civil engineering works as stipulated in the instant contract because the purpose of the instant real estate was not changed in the urbanization adjustment zone.

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