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1. The Defendant’s imposition of a non-performance penalty exceeding KRW 150,000,00,000, imposed on the Plaintiff on July 16, 2014.
Reasons
1. Details of the disposition;
A. The area of 4,810 square meters of Seoul Jung-gu B forest is a C-type ownership, and was designated as a “area for permission on land transaction contracts” under the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Development Restriction Zones”) and the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
B. On March 8, 2011, D obtained a building permit from the Defendant to newly construct a second-story building (729.5 square meters; hereinafter “instant building”) on the said land, the use of which is a sports facility (e.g., a sports facility), and then purchased the said land from C Sejong with E and F for KRW 2,619,00,00,00. On March 16, 201, D obtained permission for a land transaction contract from the Defendant for the purpose of using the said land as “direct operation for four years after the construction of a sports facility (e.g., riding track).”
C. On March 18, 2011, D, E, and F (hereinafter “D, etc.”) completed the registration of ownership transfer with D’s shares 4,150/4,810, and E and F’s shares 330/4,810, respectively.
The instant building was reported on May 26, 201, and was approved on February 25, 2013.
On the other hand, on June 5, 2012, an implementation plan was approved and a road zone was decided with respect to G Highway Private Investment Project. Accordingly, among the instant land, 2,897 square meters was incorporated into a road site. The 2,897 square meters of the instant land were divided into H on June 28, 2013, and I (B is the parcel number assigned by B as registration conversion on April 4, 201) remains 1,369 square meters. The instant building was located on the I land after the division.
E. D, etc., without using the instant land and building as a riding track around March 2013, set the term of lease to the Plaintiff as of March 9, 2017, without using it as a riding track, and leased it to the Plaintiff. The Plaintiff installed a consortium mark on the instant building, and the horse riding track records out of the instant land.