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1. The Defendant is limited to the Plaintiff’s sale on February 9, 2015 with respect to the real estate indicated in the attached list.
Reasons
1. Facts of recognition;
A. On February 9, 2015, the Defendant entered into an apartment supply contract (sale) with the purport of paying KRW 324.7 million to purchase an apartment unit F of the block unit F (it is registered as real estate listed in the attached Table B, which is registered as real estate in the attached Table B, and this is referred to as “the apartment of this case”).
B. On the same day, the Defendant entered into a resale contract to sell the above right to sell the apartment of this case to the Plaintiff at KRW 50,494,400 (hereinafter “instant contract”).
The instant contract provides that the Defendant receives a loan from the Plaintiff, and the Plaintiff pays interest on the loan, balance, and taxes and public charges.
C. On July 13, 2017, the Corporation completed the registration of ownership preservation on the instant apartment, and the Defendant completed the registration of ownership transfer on July 27, 2017 with respect to the instant apartment on the ground of sale on February 9, 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. Since the main purpose of the sales contract, which has the right to make a judgment on the cause of the claim, is to have the buyer acquire the ownership of the object based on the right to sell, the seller of the right to sell is obligated to have the buyer acquire the ownership of the object based on the right to sell.
In addition, where a seller acquires the ownership of an object by exercising the right to sell in lots between a buyer and a buyer without a change in the name of a buyer, there is no way to achieve the purpose of sale except for a method of transferring the ownership transfer of the object in the future, and there is no liquidation relationship between the buyer and the buyer, separate from the fact that there remain remaining liquidation relations, the buyer is liable to perform the registration of ownership transfer of the object (see, e.g., Supreme Court Decisions 2006Da4401, Nov. 23, 2006; 95Da36671, Feb. 13, 1996).