손해배상(기)
1. Of the judgment of the court of first instance, the part against Defendant C and the part against Defendant B, which affected the Plaintiff to KRW 100,202,20, and this part.
1. Basic facts
A. On May 15, 2003, the Plaintiff entered into a contract with Defendant B to purchase KRW 300,000,000 from the purchase price of KRW 38,000,00,000, out of KRW 4413m2 (hereinafter “the forest before the instant partition”). At the time, the costs of changing the form and quality of the land and the cost of civil engineering design were to be borne by the Plaintiff, the purchaser.
(The above sales contract is called the "instant sales contract"). B
The Plaintiff paid the full purchase price of KRW 38 million to Defendant B on the date of conclusion of the instant sales contract.
C. On October 24, 2003, Defendant B completed the registration of ownership transfer with respect to the forest land before the instant partition, and on November 1, 2005, the Plaintiff paid KRW 6.2 million to Defendant B for the same day as “expenses for cadastral surveying and civil engineering design” and KRW 54 million for the same day.
However, Defendant B failed to perform the duty of ownership transfer registration of 300 square meters out of the forest land before the instant partition, and the Plaintiff filed a lawsuit against Defendant B that “The Plaintiff shall perform the procedure of ownership transfer registration on May 15, 2003 with respect to the share of 99.7 percent of the forest land before the instant partition,” which was wholly winning the judgment on January 22, 2007, and the said judgment became final and conclusive.
(U.S. District Court 2006Kadan105821). (e)
After that, the forest land before the instant partition was divided into several lots, and Defendant B filed a lawsuit against Defendant B on June 18, 2013, for the purpose of implementing the instant sales contract, on the following grounds: (a) the Plaintiff did not complete the registration of ownership transfer with respect to the portion of 131/800 square meters out of Gyeonggi-gun G, Gyeonggi-gun (hereinafter “instant land”) and 800 square meters in I forest land (hereinafter “instant land”) and on the portion of 131/80 square meters in I forest land; and (b) Defendant B filed a lawsuit against Defendant B for its performance; and (c) Defendant B completed the registration of ownership transfer with respect to the portion of 131/800 of the instant land and the instant land (hereinafter “instant land”).