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Reasons
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(영문) 부산지방법원동부지원 2017.08.24 2016가단3807
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 25, 2012, the Plaintiff entered into a sales contract with the Defendant, setting the sales price of KRW 650,000,000 for the land on three lots, other than 27372 square meters, owned by the Defendant and the Defendant (hereinafter “instant land”). The Plaintiff paid the remainder of KRW 620,000,000 on the contractual date, and the remainder of KRW 30,000,000,000,000 within 40 days after the permission of the Environmental Office.

(hereinafter “instant sales contract”). B.

In the instant sales contract, the Plaintiff and the Defendant stated in a special agreement that “The person permitted by the Environmental Agency shall be in the future of the landowner B, and the seller shall comply with the request of the buyer for a written consent to use the land. 2. The remainder payment date shall be March 31, 2013.”

C. On June 2, 2012, the Plaintiff paid the Defendant a down payment of KRW 30 million in total, which is KRW 10 million and KRW 20 million on July 25, 2012, and KRW 18,000,000 on October 18, 2012; KRW 14,000,000 on April 14, 2013; KRW 10,000 on April 23, 2013; KRW 10,000 on August 9, 2013; and KRW 15,00,000 on November 15, 2013; and KRW 46,60 million on February 6, 2014.

Around December 2012, the Plaintiff filed an application for permission for waste treatment business with the Geum River basin Environmental Office, but was notified of the disapproval on January 25, 2013.

E. On March 22, 2013, the Defendant sent a content-certified mail stating that the instant sales contract will be rescinded if the remainder is not paid to the Plaintiff by March 31, 2013.

F. On July 15, 2013, the Plaintiff: (a) drafted and issued an agreement stating that the Defendant succeeds to the secured debt of the secured debt of the secured Saemaul Bank established on the instant land by August 15, 2013; and (b) would pay the remainder of KRW 90 million on October 15, 2013; and (c) stated that “the Defendant shall not interfere with the progress of construction by provisional seizure on the instant land during construction.”

G. On October 1, 2013, the Defendant: (a) the Plaintiff; and (b) the Korea Saemaul Depository voluntarily auction.

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