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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1.In fact, each of the following facts is acknowledged, either as a matter of dispute between the Parties, or as a whole, by taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 4, 5, 6, 14, and Eul evidence Nos. 1 to 3 (including each number, hereinafter the same shall apply):
[1] The Defendants were corporations whose purpose is real estate trading business, etc.; Defendant B was established on July 20, 2012; Defendant C was established on June 23, 2014.
The representative director of Defendant B is the same as AA of the representative director of Defendant C.
[2] On April 21, 2014, the Plaintiff entered into a contract with Defendant B to purchase at KRW 107,900,000 of the price of 429 square meters (130 square meters) out of the 20,130 square meters of forests and fields D Special Self-Governing City (hereinafter “instant land”; and when indicating land, the lot number is indicated only) (hereinafter “the first sales contract”) and the sales contract is indicated as follows.
The land category in Sejong Special Self-Governing City: The total amount of price of KRW 830,00 per square meter (130 py): 107,90,000,000,000, the remainder of KRW 24,900,000,000, and the remainder of KRW 24,90,000, and the remainder of KRW 4,000 shall be compensated to the purchaser, and if the purchaser has breaching the contract, the contract shall be null and void and the full amount of the purchase amount shall not be claimed, and the items and ownership transfer shall be subject to the change of the parcel number after the division shall not be claimed.
The land category in Sejong Special Self-Governing City: The total price of KRW 680,00 per square meter (30 py): 20,400,000, the remainder of KRW 15,000,000, the remainder of KRW 5,400,000, and the remainder of KRW 4,000 when the seller has breached the contract, the contract is null and void and the purchaser has breached the contract, and a new parcel number is set in installments after surveying the total amount of the purchase price, and the Plaintiff purchased KRW 9,40,000 (30 square meters) of the instant land with Defendant C on March 6, 2015 (hereinafter referred to as “second sale contract”).