(영문) 대구지방법원 2016.09.02 2015가합206861

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(영문) 대구지방법원 2016.09.02 2015가합206861

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing construction company that carries out construction projects, such as 10 Dong-dong apartment units with 12-22 stories above the ground level of 2nd and 777 households above the ground level of 12-22 stories above the ground level, and the Plaintiff is a service company that entered into a contract for the purchase of real estate within the pertinent business zone with the Plaintiff, and the Defendant is the owner of real estate in the attached Table located in the whole business zone above.

Article 2(Purpose of Contract) The purpose of this Agreement is to purchase the real estate listed in the separate list owned by the defendant and the entire site of D and D and 44 lots, and to promote the apartment building construction project, and the interpretation of each Article is equivalent thereto.

Provided, That part of the site may be excluded for the smooth progress of the project.

Article 3 (Sales Price and Method of Payment)

1. The sales price of the indicated real estate shall be paid as follows:

The total amount of sales proceeds: Article 7 (Cancellation and Termination of Contracts and Compensation for Breach of Contract) of the 20-day 20-day 20-day 20-day 20-day 20-day 20-day 20-day 20-day 300,000 won after the remainder of 45 million won when concluding a contract

1. The defendant and the Dispute Resolution Co., Ltd may cancel or terminate a contract where the other party fails to perform the terms of the contract without justifiable grounds, and where the contract is cancelled due to the defendant's fault, the defendant shall compensate the Dispute Resolution Co., Ltd. for the amount equivalent to twice the down payment, and where the contract is cancelled due to the cause attributable to the Dispute Resolution Co., Ltd., the down payment which

2. The defendant shall compensate for all damages caused by the suspension of the business by the KCAC in addition to the penalty referred to in paragraph (1) if the defendant cancels the business even;

Article 8 (Other Matters)

1. The defendant shall not demand the Bank of Korea to increase the purchase price or to bear additional expenses for any reason after the conclusion of the contract.

2. Where the Dispute Resolution Co., Ltd requests a purchaser to change due to a project implementation necessity, the defendant shall accept the request without any conditions;

3.Paragraph 2.

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