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(영문) 서울중앙지방법원 2019.03.14 2018가단5166239
분양대금반환 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of litigation shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On December 2, 2014, the Plaintiff entered into a supply contract with the Defendant to be purchased by the Plaintiff (hereinafter “instant supply contract”) on the supply price of KRW 167,850,00 (excluding value-added tax) out of the 15th floor above the ground level and the 5th floor scale D hotel (hereinafter “instant hotel”) scheduled to be constructed on the ground of Gangwon-gun, Gangwon-gun, Gangwon-do, the Plaintiff entered into a lease contract with the Defendant to lease the said title to the Defendant for a period of ten years from the starting date of the business of the instant hotel (hereinafter “instant lease contract”).

B. Upon entering into the instant supply contract, the Plaintiff and the Defendant agreed on the scheduled completion date for June 2017 (the scheduled completion date may be modified according to the design modification and process, and the individual notification at the time of modification). However, the instant hotel was delayed and the completion of the instant hotel was not completed by June 2017. On June 2018, the Defendant notified the Plaintiff that the scheduled completion date for completion of the instant supply contract will be postponed on October 2018 and that the compensation for delayed compensation, etc. under Article 6(3) of the supply contract will be made in order to compensate the Plaintiff for the Plaintiff’s loss caused by delay in the completion of the contract.

C. After that, on July 6, 2018, the Plaintiff urged the Defendant to complete the instant hotel until July 23, 2018. However, the completion date of the completion plan was postponed as of October 2018 and the Plaintiff’s written reply to the effect that the Plaintiff’s loss due to delay in the air will be compensated as of July 17, 2018, and on July 24, 2018, the Plaintiff expressed to the Defendant the intention to rescind both the instant supply contract and the lease contract on the ground of delay in completion (hereinafter “instant rescission”), and the said declaration of intent to cancel the said rescission reaches the Defendant on July 25, 2018.

The hotel of this case was completed around October 2018, which was the scheduled completion date of the above changed hotel, and was approved by the competent authority on October 30, 2018.

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