가등기말소 등
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The plaintiff's ancillary claim added at the trial.
1. Basic facts
A. In order to carry out the new construction project of multi-household housing (urban Residential Housing) (hereinafter “instant project”), the Plaintiff purchased land owned by the Defendant Kimpo-si, F, G, H land owned by the Defendant, I, J, and K land (hereinafter “instant land”), etc. as a site for the instant project. First of all, the Plaintiff completed the construction project with a building permit granted in the name of the landowner and completed the registration of ownership transfer for each of the above land and buildings after the completion of the multi-household housing.
B. Accordingly, on January 18, 201, the Plaintiff concluded a sales contract for the instant land with Defendant B and C (hereinafter “instant sales contract”) and paid the down payment of KRW 100 million on the same day. The main contents of the said sales contract are as follows.
On the other hand, Defendant D was a representative of L corporation in charge of the construction design of the instant project, and was involved in the storage of the changed title of the construction at the time of the instant sales contract as the custodian and the contractual participant.
Article 2 (Duties of the Plaintiff and Defendants)
1. Defendant B and C’s obligation 1) The present brick factory will be transferred before the initial permission is granted. 2) The building’s destruction of the existing building in the project site and the purchase of the said J and K’s land and the first removal of ownership before the initial permission is granted. G and H land also provide the project site before the initial permission is granted.
3) provide the Plaintiff with cooperation and civil petition documents related to the implementation of the project (in the status of a third party security security before and after the receipt of authorization and permission, providing the land necessary for trust and other finance, and providing all documents, such as a written consent to land use necessary for building permission for four parcels, etc.
4) Within 20 days after the final licence, the owner’s change of ownership and the transfer of ownership for 4 parcels are submitted to the design office, along with the settlement of the balance of land costs within 20 days after the final licence, and the design office is conducted in the presence of the Plaintiff, Defendant B and C, thereby ensuring the fairness.
2.