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(영문) 서울중앙지방법원 2018.05.29 2017가단5122164
손해배상(기)
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. On September 23, 2015, the Plaintiff entered into a real estate trading contract with the Defendant and the Defendant with respect to the amount of trading KRW 9.6 square meters and 247.5 square meters on the land owned by the Defendant (hereinafter “instant real estate”) as follows: (a) the transaction amount is KRW 9.6 billion; and (b) the provisional contract amount is KRW 96 million; and (c) the provisional contract amount is KRW 96 million (hereinafter “instant provisional contract”).

1.The effect of the provisional contract shall be effective from the date of conclusion of the provisional contract until the date of conclusion of the contract.

2.In the event of a buyer’s non-performance of a contract after a provisional contract, the amount of KRW 96 million shall be reverted to the seller.

3. If a seller fails to perform a contract without justifiable grounds, he/she shall compensate the buyer for the double the amount of the provisional contract;

4. The buyer shall conclude this Agreement by November 20, 2015.

(The down payment shall be 10% of the down payment and shall remain without intermediate payment). 5. The seller shall actively cooperate with the administrative processing and other affairs of the architect and the permission.

B. At the time of the conclusion of the instant provisional contract, the Defendant was residing in Canada, and the Defendant’s agent was permitted by the Defendant and sealed the seal of the Defendant in the said provisional contract, and the Plaintiff paid KRW 96 million to the Defendant on the day.

C. After purchasing the instant real estate, the Plaintiff intended to build a new hotel for accommodation facilities (tourist hotel) in the instant real estate, and the project approval was required by the Gangnam-gu Office for the said project, but the project approval was possible only when it was obtained until December 31, 2015 in accordance with the Special Act on the Expansion of Tourist Facilities.

The plaintiff and the defendant did not conclude this contract by November 20, 2015, and the defendant urged the plaintiff to conclude this contract on December 17, 2015.

E. Meanwhile, on the other hand, the Plaintiff submitted an application for deliberation by the Building Committee (A6) to the Gangnam-gu Office on November 2, 2015 in the name of the Defendant, and on November 30, 2015 (A7) an application for building permission (A7) to the Gangnam-gu Office.

However, each of the above applications is the consent of the defendant.

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