매매대금반환
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. The defendant asserts to the effect that the lawsuit of this case seeking restitution following the cancellation of the above sales contract is unlawful, since the plaintiff is not a party to the sales contract based on the sales contract (Evidence A) dated February 28, 2008, and is not a party to the sales contract.
However, in a lawsuit for performance, a person who asserts that he/she has the right to demand performance has standing to sue, so the above reasons alleged by the defendant are only the grounds for determining whether he/she has a right to demand performance within the merits, not the grounds for determining whether he/she is qualified
Therefore, the defendant's above assertion is without merit.
2. Judgment on the merits
A. Facts of recognition 1) The defendant is the defendant's each real estate listed in the separate sheet owned by C on March 31, 2001 (hereinafter "the forest of this case").
As to December 10, 1998, the registration of the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) under the receipt of Macheon District Court’s Macheon Registry No. 9219 on the ground of trade reservation (hereinafter “instant provisional registration”).
2) On August 15, 2007, D purchased the forest land of this case in KRW 1,150,000,000, and entered into a contract under which ownership is to be transferred by means of the transfer of the provisional registration of this case from the Defendant (hereinafter “the previous contract”) and accordingly, received an additional registration of the provisional registration of this case from the Defendant on October 26, 2007 (hereinafter “the additional registration of this case”) under Article 50910 on the ground of transfer of contract as of October 25, 2007.
1. In the location of real estate indication (1) : The area of E, F, G, and H (including standing timber) (2): 664,859 square meters (excluding the equity shares of H 82,625 square meters among them) (3) land category: Forest land;
2. (1) The right to claim a transfer of ownership: (2) the right to claim a provisional registration of the defendant against the right to claim a transfer of ownership;
3. Total amount of the purchase price: 1.5 billion won (1).