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(영문) 수원지방법원 2017.07.06 2016가합3266
위약금
Text

1. The Defendant’s KRW 504,737,300 and annual interest thereon from April 1, 2016 to August 9, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On May 4, 2006, the Plaintiff publicly announced the supply (public announcement of the supply of the instant project site) of a special planning zone (urban 1-5) 61,915 square meters (hereinafter “instant project site”) within the Sungnam-si Housing Site Development Zone (hereinafter “instant project”) pursuant to the Gyeonggi-do public announcement No. 2006-345 of the Gyeonggi-do public corporation and the public announcement No. 2006-50 of the public announcement of the Gyeonggi-do Local Public Corporation, and the business under the Pannam-si Housing Site Development Project (hereinafter “instant project”). This was the public announcement of public announcement of the supply (hereinafter “instant public invitation”) of the instant project operator to whom the instant project site is supplied.

B. Accordingly, around June 2006, 34 companies, such as CS, Es. Es., Inc., Ltd., Es., and UN Home shopping, constituted a consortium (hereinafter “instant consortium”) to participate in the instant public recruitment. Since then, they participated in the instant public recruitment and were selected as preferentially negotiated partners of C-2 general research land for urban support facilities in the relevant land development zone, C-749 square meters (hereinafter “instant land”).

C. On July 4, 2006, the consortium established the Defendant, a special purpose corporation, in order to implement the development project for the instant land. On January 16, 2007, the Defendant was selected as a person to be supplied with the instant land and entered into a contract on the purchase of the instant land in KRW 50,473,730,00 with the Plaintiff for the purchase of KRW 50,473,730,00 (hereinafter “instant sales contract”).

[Written Contract for Land Sale and Purchase of the Construction Project of the Market Mart Ballast] Article 1 (Observance and Observance of Designated Use) ① “B” (hereinafter the same shall apply) is below 20 years from the date of completion of the construction of the constructed building (hereinafter referred to as “this building”) as agreed in the “Business Plan” submitted to “A” (the Plaintiff; hereinafter the same shall apply) in order to apply for the purchase of “purpose site” (the instant site; hereinafter the same shall apply) in accordance with the Public Notice of Supply and Supply Guidelines.

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