beta
Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 1 through 7 (if there is a serial number, including its serial number; hereinafter the same shall apply), Eul evidence Nos. 1 and Eul evidence Nos. 1 and witness L, M, N, and O testimony of the first instance trial witness, the personal examination results on the representative director L of the joint defendant corporation B (hereinafter "B") in the first instance trial, and the fact-finding results on Solomon Savings Bank in the first and the first instance trial (hereinafter " Solomon Savings Bank").
On November 29, 2006, the Plaintiff entered into a sales contract with B to sell the land of the said five lots as “1 through 5 land” in the order of the Plaintiff, and the Plaintiff entered into a sales contract with B to sell KRW 6,560,000,000,000,000 for KRW 5,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00
(C) At the time of the completion of the replotting, the land Nos. 1 through 4 was planned to be substituted with J 9,824.5 square meters and K 853.6 square meters, and B among them was purchased by specifying J 9,824.5 square meters. As such, the land Nos. 1 through 4 was purchased by specifying the land No. 9,824.5 square meters before the completion of the replotting, the registration of co-ownership was completed as if purchased shares of 9,824.5/10 of the land No. 1 through 4 before the completion of the replotting. However, upon completion of the replotting, the registration of ownership transfer was completed by the Daegu District Court under Article 2916 of the Busan District Court’s Receipt Office for the land No. 2916.
B. As between the Plaintiff and B on the day of the instant sales contract (the trade name at the time of the instant sales contract was a multi-company real estate trust) and the Defendant (the trade name at the time of the instant sales contract was changed several times thereafter, and became the same as at present), the Solomon Mutual Savings Bank as the first beneficiary with respect to the entire land of