소유권이전등기
1. The plaintiffs' appeals against the defendants are all dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
1. The Plaintiffs asserted added the following arguments in the first instance trial while maintaining their arguments.
Defendant F agreed with the Plaintiff B to build a road for the said land on the ground that the Plaintiffs purchased from E and D on the land M andO (the land was divided into each land listed in No. 3 and No. 4) purchased from E and D, respectively, while purchasing from E and purchasing from E and E (the land was divided into each land listed in No. 3 and No. 4 thereafter) U land from E and I (hereinafter referred to as “IG”).
However, Defendant F wanted to construct roads on the land owned by C instead of the above M andO land, and the Plaintiff F agreed to pay KRW 170 million to C for the purpose of providing road sites instead of allowing C to construct roads on the above Y land as the agent of C, and Defendant F agreed to pay KRW 170 million to C for the purpose of providing road sites.
However, Defendant F, who knows that the delegation contract was terminated between Plaintiff B and C (see, e.g., the 7th to 8th 7th e.g., Supreme Court Decision 70 million won in U land) was included in the pre-sale price of U land. In so doing, Defendant F deceiving C by stating that it was included in the pre-sale price of U land, and purchased each land listed in [Attachment] Nos. 1 and 2 of the attached Table 3 owned by C by taking advantage of such deception state of C.
Therefore, the Plaintiffs, in subrogation of C, cancel each sales contract between Defendant F and C as to each land listed in [Attachment Nos. 1, 2, and 6] in [Attachment No. 6] purchased by the Plaintiffs from C and each land listed in [Attachment No. 1, 2, and 6] on the ground of fraud, and seek for the cancellation of the registration of creation of a neighboring mortgage in Defendant G’s name, which was completed on each land listed in [Attachment No. 1, 2, and 6].
2. Determination
A. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, in addition to the judgment of the court of first instance as to the part additionally asserted in the judgment of the plaintiffs.