손해배상(기)
1. The judgment of the first instance court is modified upon a claim that has been changed in exchange at the trial as follows.
The defendant.
1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence No. 1, Eul evidence No. 19, 20, and 21. The whole purport of the pleadings is the whole.
E, on March 24, 2014, a sales contract was prepared for the Plaintiff’s purchase price of KRW 232 million (hereinafter “the first sales contract of this case”) with the seller and the Plaintiff as the buyer, and with respect to the land in this case, the seller and the Plaintiff completed the registration of ownership transfer on March 24, 2014 for the ground of sale as of March 24, 2014.
B. Since then, “the purchaser shall remove the existing building,” the existing building was removed in accordance with the special terms and conditions stipulated in the sales contract of this case, and the three houses of reinforced concrete structure (refinite) concrete roof (hereinafter “instant housing”) were newly constructed on the ground of the instant land. The registration of ownership preservation was completed on June 13, 2014 for the instant housing.
C. On June 12, 2014, the Plaintiff entered into a sales contract with the seller and D as the buyer for the purchase price of the instant land and housing KRW 644 million (hereinafter “the instant secondary sales contract”). On September 1, 2014, the ownership transfer registration for the instant land and housing was completed on the grounds of sale as of June 12, 2014.
2. The primary claim and judgment
A. The Plaintiff asserted that the land of this case was purchased from E, and the Defendant newly constructed the instant house as a construction business operator, and the owner of the instant land and the instant house is the Plaintiff.
Even if the owner of the land and the housing in this case is the defendant and the plaintiff lends the name to the defendant, it constitutes a contract title trust.