소유권이전등기
The plaintiff's primary claim is dismissed.
Of the instant lawsuit, the conjunctive claim is dismissed.
The costs of lawsuit.
1. Basic facts
A. On February 14, 2007, the Defendant entered into a contract with C to sell each real estate in the purchase price of KRW 800,000,000 (a down payment of KRW 100,000,000 on February 14, 2007 and KRW 70,000,000 on February 21, 2007, and to sell the intermediate payment of KRW 400,000 on April 13, 2007, and the balance of KRW 300,000,000 on June 14, 207 (hereinafter “the instant contract”).
B. C paid the Defendant the down payment of KRW 100,000,000 under the instant contract, and D paid KRW 200,000,000 on April 2, 2007, respectively, and KRW 200,000,000 on May 2, 200.
(c)
On November 16, 2020, C and the Plaintiff concluded a sales contract with the effect that C sell each real estate listed in the separate sheet to the Plaintiff in KRW 850,000,000.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (if there are branches number, including numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of claim
A. The main claim is as follows: (a) The Defendant received KRW 500,000,000 out of the purchase price of KRW 800,000,000 pursuant to the instant sales contract; (b) and thus, (c) the Defendant is obligated to pay KRW 300,000,000 from C for the remainder of the purchase and sale to C, while performing the registration procedure for ownership transfer of each real estate listed in the separate sheet.
2) Since the conjunctive Defendant, even after entering into the instant sales contract, sold or attempted to resell each of the real estate listed in the separate sheet to third parties, the Defendant is obligated to pay C the amount of KRW 500,000,000 paid according to the instant sales contract and the amount of delayed damages from the date following the last payment date.
B. 1) The creditor can exercise by subrogation the specific right to the real estate neglected by the debtor in order to preserve the specific claim, such as the right to claim for the registration of the transfer of ownership of the real estate against his/her debtor.