A. On April 11, 2008, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the content that the Defendant Company purchases the Seodaemun-gu Seoul apartment F (hereinafter “instant apartment”) for KRW 300,000,000.

B. The Plaintiff paid in full the balance on April 30, 2008, and the Defendant Company prepared and executed the sales contract for the apartment of this case to the Plaintiff on the same day, Defendant C and D written “Surety” on the copy of the said sales contract, stating their names and addresses on their side, and signed (Defendant C) and affixed their seals (Defendant D).

C. The instant apartment was registered in the name of Nonparty G on December 20, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Determination as to the claim against the Defendant Company 1) The Defendant Company entered into a sales contract with the Plaintiff on April 11, 2008 with respect to the instant apartment (hereinafter “instant sales contract”).

(2) The sales contract of this case on April 30, 2008 or on April 30, 2008 (hereinafter “instant sales contract”).

(2) According to the above, the Plaintiff was obligated to transfer the ownership of the apartment of this case to the Plaintiff, but the said obligation became impossible to perform. Accordingly, the Plaintiff suffered damages equivalent to the purchase price, and thus, the Plaintiff is obligated to pay damages to the Plaintiff the amount of KRW 300,00,000 as damages, 5% per annum as stipulated in the Civil Act from December 20, 2010 to May 23, 2018, the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the full payment date. (2) As such, the Defendant Company entered into the sales contract of this case or the sales contract of this case on behalf of the Plaintiff (hereinafter referred to as the “instant association”) and its legal effect should belong to the instant association.