손해배상
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. On May 26, 2005, the Plaintiff purchased the housing site for migrants and right to sell the housing site for housing site development in the name of C (hereinafter “right to sell the instant housing site”) from the Defendant, and issued a written statement of performance (hereinafter “instant statement of performance”) with the following contents. On June 1, 2005, the Plaintiff paid KRW 14.5 million to the Defendant on June 1, 2005.
(2) In the event of a change in the name or a defect of the original seller, the intermediate seller is liable for damages and criminal liability in the event of a change in the name of the original seller of the sales right and the transfer of the original seller of the sales right to a third party of the sales site and the neighboring neighborhood living site.
B. On the other hand, on December 28, 2005, the Plaintiff purchased the instant sales right directly from C, a holder of the instant sales right, and paid KRW 14 million to C over the date and January 13, 2006.
(hereinafter referred to as “after-sale”) c.
After that, on December 4, 2007, C applied for membership to the E Association having jurisdiction over the land subject to the instant right to parcel out (hereinafter “instant Association”) and joined the instant Association around that time, and thereafter, C had the Plaintiff join the instant Association on December 2, 2007 through the procedure for change of the name of the union member.
[Ground of recognition] The non-contentious facts, Gap evidence 1, 2, Eul evidence 3-1 to 4, Eul evidence 1, the fact inquiry results about the two Korea Land and Housing Corporation in the first instance court's two Korea Land and Housing Corporation, the purport of the whole pleadings
2. Judgment as to the main claim
A. According to the Plaintiff’s assertion, the instant sales contract and the instant performance note, the Defendant, in addition to issuing the documents related to the resale of the instant sales right to the Plaintiff, shall provide only the documents related to the resale of the sales right to the Plaintiff, despite having C join the instant association and having C transfer its membership to the Plaintiff.