부동산인도청구 및 손해배상
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the reasoning of the lower judgment and the record, the following facts are revealed.
C On July 22, 2000, after obtaining permission for the establishment of a private charnel house from the high-sea market, C operated a charnel house in the real estate of this case.
On April 28, 2006, the Plaintiff and E purchased the instant real estate in the compulsory auction procedure and completed the registration of ownership transfer on March 16, 2007.
Around March 2009, the Defendant purchased the E shares of the instant real estate and completed the registration of ownership transfer based on future trust C on May 21, 2009, but completed the registration of ownership transfer based on sale in the Defendant’s future on April 23, 2010.
On December 2009, the defendant established JA and was appointed as representative director.
C On January 15, 2010, the KJ signed a power of attorney to delegate all duties related to the sale of charnel houses to the JJ.
From January 2010 to the Defendant, the Plaintiff agreed on February 28, 2010 while negotiating a plan to receive part of the right to sell in lots between KRW 950 million and charnel house in return for the transfer of the Plaintiff’s share in the instant real estate to the Defendant.
The agreement states that “The remaining number of underground machines shall be at least 35%, 2, 3, 4, 5, 6, 17 rooms, and 300 rooms per law shall be set up on the left or right side of the door.”
2. The court below maintained the first instance court which rejected the Plaintiff’s primary claim, and dismissed the Plaintiff’s conjunctive claim added at the court below, and the reasons are as follows.
The plaintiff shall request the main claim to transfer part of a charnel established in the first floor, six houses of the first floor, and the third floor, which are equivalent to 35% of the remaining number of the houses of the first floor at the time of agreement among charnels.
In accordance with the above agreement, the Plaintiff acquired the right to sell six houses for the first floor of a charnel house.
However, the plaintiff seeks cooperation necessary for the sale of goods to the defendant or exercises the right of sale.