원인무효에 의한 손해배상청구의 소
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) The Defendant entered into a sales contract with the Defendant on October 20, 1990, a commercial building with the size of 18,071.5 square meters on the third-story ground above the ground on the ground of 3,974 square meters in Jung-gu Seoul, Jung-gu, Seoul, Seoul, and 3,974 square meters (hereinafter “instant building”).
D Co., Ltd. (hereinafter referred to as “D”) with which they were newly built.
From the point of view, the number of units of the first floor E, F, G (the third units of stores was changed to H, I, J, and K) of the instant building.
(2) On November 15, 1990, the Defendant sold the sales price of the instant building in KRW 300 million to D, and paid D the sales price in full. In addition, on December 11, 1990, the Defendant sold from D the first floor L, M, N,O, second floor P, Q, R, and S of the instant building in KRW 400 million, and paid D the sales price in full. < Amended by Presidential Decree No. 13235, Jan. 15, 1991>
3) The Defendant and D agreed to cancel each of the above sales contracts on March 29, 191. The Defendant received a promissory note of KRW 700 million from D in order to secure the return of the above sales price of KRW 700 million (= KRW 300 million). Of the instant building, the second floor of the instant building, which is the second floor of the instant building (hereinafter “the instant so-called “the instant so-called letter”).
(B) Although the Plaintiff entered into a sales contract with the selling price of KRW 1.5 billion, D did not pay the Defendant a promissory note amounting to KRW 700 million. B. The Plaintiff’s sales contract entered into the Plaintiff’s sales contract with D on May 23, 1991, sold the instant so-called “instant sales contract” with the sales price of KRW 2.0 billion, and for the payment thereof, sold the instant so-called “instant sales contract” with the Plaintiff’s transfer of KRW 1,959 square meters to the Defendant (hereinafter “instant sales contract”).
C. Around October 191, 191, U Co., Ltd.’s succession to rights and obligations with respect to the instant building (hereinafter “U”) discontinued the construction of the instant building due to nonperformance while constructing the instant building, and around December 191, 191, the seller of the instant building, including the Plaintiff, sold the instant building to U Co., Ltd. (hereinafter “U”).
AB established this chapter.
U succeeded to the rights and obligations of the building of this case as to D, and the building of this case.