Comentario a la STS de 21 de junio de 2022 (RJ 2022, 3494). Resolución de compraventa de inmueble sometida a posterior calificación urbanística y frustración del fin del contrato.

Résumé

Portobello Marbella S.L., as purchaser and on February 23, 2016, filed a claim against the Community of heirs formed by the deceased inheritance of Mr. Hipólito (deceased seller) formulating a claim based on the breach of performance agreed in the contract of sale of real estate as a cause of termination and frustration of the contractual interest. On the other hand, the seller filed a counterclaim requesting that the plaintiff be ordered to pay the outstanding portion of the price with the corresponding legal interest, alleging breach of contract. The contract included an express stipulation according to which the property to be purchased (which already had a provisional classification favourable to the building) had to obtain, by means of the appropriate approval procedure, the definitive urban classification that was already advanced in the General Urban Development Plan (PGOU) as "sectorised urban land", or another technical classification that allowed the building use approved by the purchaser. Finally, on the occasion of the study and approval of the PGOU, as a result of the mandatory reports received, the administrative resolution rejecting the urban development agreement entered into with the purchaser of the land on 18 March 2009, which was notified to the purchaser with immediate suspension of the payment of the percentages of the price that had been deferred and the filing of a claim for termination of the contract to obtain restitution of the amounts already paid.