(영문) 수원지방법원여주지원 2015.01.16 2014가단5908

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(영문) 수원지방법원여주지원 2015.01.16 2014가단5908

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1. The claim of this case is dismissed.

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

Reasons

1. The assertion and judgment

A. The summary of the cause of the claim (1) and the Defendant concluded a sales contract on November 8, 2013 with respect to the instant land owned by the Defendant on the purchase price of 450 million won. As a special agreement, the content that “won, the Defendant jointly conducted multi-household housing development projects on the instant land, and the land sale price shall be paid after the construction of multi-household housing. The Defendant is responsible for selling 100% of multi-households, and the relevant quantity shall be acquired as much as the relevant quantity is unsold in lots.”

(2) The Plaintiff continued construction upon obtaining a building permit from Leecheon-si pursuant to the above sales contract and invested expenses of not less than 200 million won. However, the Defendant did not perform the sales contract by stating that “I will sell and sell the land,” and “I will only calculate the project cost invested by the Plaintiff,” and the Defendant is obliged to perform the procedure for registration of transfer of ownership of the instant land in accordance with the above sales contract.

B. We examine the judgment, where the whole purport of the pleading is added to the statements in Gap evidence Nos. 1 and 3, it is found that the plaintiff entered into a sales contract with the above content, and that the defendant was granted a building permit from Leecheon-si, but there is no other evidence to acknowledge that the defendant failed to perform the above sales contract, and there is no other evidence to prove that the defendant did not perform the above sales contract. Even if the defendant did not perform the above sales contract, there is insufficient evidence and evidence as to the legal grounds for the plaintiff to claim the performance of the unilateral contract against the defendant.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench.

유사 판례

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