손해배상(기)
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The instant land is owned by the Defendant. On June 17, 2018, the Plaintiffs purchased the instant land ( approximately KRW 101 square meters x 500,000) from the Defendant, and the Defendant filed a lawsuit seeking refund of the purchase price against the Defendant on the ground that he/she violated a sales contract, but the Defendant subsequently filed a lawsuit claiming the return of the purchase price, which was recognized as the rescission of the contract, and on December 4, 2018, the Gwangju District Court (No. 7539, the Gwangju District Court (No. 2018), deposited the full claim amount of KRW 51,745,204, which corresponds to the Plaintiff’s claim amount to be claimed as the instant lawsuit, and subsequently, amended the Plaintiff’s claim for the registration of ownership transfer on May 30, 2019 by changing the purport of the claim and the cause of the claim.
(Reasons for Recognition: Evidence Nos. 1 through 9, evidence No. 1, and evidence No. 1, and evidence No. 1) of the Plaintiff’s claim asserted the legality of the Defendant, and thus, the Plaintiff’s claim was changed from the claim for the transfer of the subject matter of sale to the purchase price, and the subject matter of the lawsuit was changed from the claim for the return of the purchase price. However, the legal evaluation as to the existence of a sale contract is different, and the claim for the change of the statement in the complaint is based on the existence of a sale contract between the same parties as to the same subject matter, and it is not likely to hinder
2. Whether the amended request is legitimate;
A. On June 17, 2018, the Defendant sold the instant land to the Plaintiffs at the price of KRW 50,500,000.
Therefore, the defendant is obligated to implement the procedure for the registration of ownership transfer for the land of this case to the plaintiffs.
B. Although there is no dispute between the parties to the summary of the defendant's assertion that the contract was concluded between the plaintiffs (hereinafter "the contract of this case"), the contract of this case is rescinded.