정산절차 이행 등 대위 청구의 소
1. The plaintiff's appeal and the claim selected by this court are all dismissed.
2. Costs of appeal.
1. The reasoning of the court's explanation of this case is as follows. The plaintiff's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff's new argument to this court as stated in paragraph (2). Thus, it is accepted as it is by the main sentence of Article 420 of the Civil Procedure Act.
"O of a stock company" in the first instance judgment on the five pages 5 of the judgment of the court of first instance shall be added to "N, etc." (hereinafter collectively referred to as "N, etc.").
The second two pages of the judgment of the court of first instance shall be referred to as "the witness of the court of first instance".
On the 6th of the first instance judgment, the 9th "N and P Co., Ltd." shall be incorporated into "N, etc.".
On the 6th of the first instance judgment, 11th to 12th of the first instance judgment "the damages due to the cancellation of the instant sales contract or the non-performance of the contract shall be the damages due to non-performance".
In the first instance trial, the Plaintiff asserted that the Nonparty rescinded the instant sales contract (see, e.g., Supreme Court Decision 2009Da1538, Jul. 17, 2017). The Plaintiff asserted that the instant sales contract was not rescinded.
(See 11 of the Reasons for Appeal). 7. 7. 7. 6- 8. 4 of the judgment of the court of first instance are as follows.
“1) The fact that the Defendant, the trustee of the right to preserve, transferred the instant real estate, including the part sold by the Nonparty, at the request of the financial institutions, the priority beneficiary of the instant trust agreement, to N, etc. around June 2014 is as seen earlier.
Therefore, barring any special circumstance, it is reasonable to view that C’s obligation to implement the ownership transfer registration procedure under the instant sales contract to the Nonparty has reached a status of nonperformance.
In this regard, the Defendant paid the remainder before the instant sales contract and completed the registration of ownership transfer for the instant real estate, and N, etc. was obligated to register ownership after the instant sales contract was concluded.