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(영문) 전주지방법원 2017.09.29 2016가합4265
손해배상 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a limited company established for the purpose of real estate rental business, commercial building sales business, etc.

The defendant is a corporation established with the purpose of urban development and regional development projects in Jeollabuk-do under the Local Public Enterprises Act and the Ordinance on the Establishment of the Jeonbuk Development Corporation, and projects to create housing sites to build legal schools in the Jeonju chronic district jointly with the Korea Land and Housing Corporation.

B. On June 30, 2015, the Defendant issued a public announcement on supply (No. 2105-32 of the public announcement) stating that the site of the end-user (such as neighborhood living facility site, quasi-residential site, commercial facility site, business facility site, etc.) within the chronic zone is sold by means of competitive bidding at the highest price, and on July 8, 2015, again posted a further notice stating detailed matters on the public announcement of supply.

(2) In addition to the above supply notice and additional notice, the Defendant attached the previous chronic district unit planning map (No. 3; hereinafter referred to as the “instant determination map”) and the previous chronic urban development zone urban management planning and district unit planning (amended) report (No. 4; hereinafter referred to as the “instant decision report”) to the instant supply notice.

C. On the list of parcels subject to supply attached to the instant supply notice, the Defendant included a lot number of 4-206 square meters in the previous chronic district ( Map number 1-B-1), 1,080 square meters in the business facility site (see attached Table 1; hereinafter referred to as “instant housing site”). The Defendant posted the estimated supply price of the said housing site at KRW 1,738,88,000.

On August 7, 2015, the Plaintiff participated in the bidding with the bid amount of KRW 5,012,300,000 for the instant housing site. On August 12, 2015, the highest bidder was selected as a successful bidder. On August 2, 2015, the Plaintiff entered into a sales contract with the Defendant for the purchase price of the said bid amount (hereinafter “instant sales contract”) and entered into a sales contract with the Defendant on August 25, 2015, and KRW 501,230,00 as a down payment.

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