Text
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. The instant sales contract and succession contract 1) D Co., Ltd. (hereinafter “D”).
(2) On July 8, 2009, J entered into a contract with D to purchase the above apartment house K (hereinafter “instant apartment”) with D to purchase KRW 869,930,000 (hereinafter “instant sales contract”).
C On September 10, 2009, the J entered into a contract by succeeding to the rights and obligations of the J on the instant sales contract, and D approved this.
3) Since then, the Defendant and C acquired the status of C on the instant sales contract (hereinafter “instant succession contract”) by the Defendant.
A) Around April 1, 2014, D and the Defendant submitted documents related to the instant succession contract, such as the certificate of personal seal impression, the instant apartment supply contract (Evidence A), the succession contract (Evidence A), and the certificate of completion of real estate transaction report, to D and D around April 1, 2014. (B) D and D entrusted the claim for the sale price against the buyers of the instant apartment to the Korea Development Bank on April 28, 2010, and the Korea Development Bank concluded a monetary trust contract (hereinafter “instant trust contract”) with the content of collection, management, and disposal thereof, and notified C thereof.
2) On December 30, 2016, the Korea Development Bank terminated the instant trust agreement with D, and transferred the claim for the sale price to the Plaintiff, who is the first beneficiary, as trust property, and the Plaintiff was delegated with the authority to notify the transfer, and notified the Defendant of the fact that there is no dispute [based on recognition], Gap’s 1, 2, 4, 5, 14, 15, and Eul’s 11 (including the serial number; hereinafter the same shall apply).
each entry, the result of the inquiry of the court of the trial on D, the purport of the whole pleadings.
2. Determination as to the cause of action
A. The plaintiff 1's assertion by the parties is as follows: C's claim on the instant sales contract from C.