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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
Basic Facts
A. 1) On March 9, 2016, the Defendant concluded a sales contract with C (hereinafter “C”) to sell large 372.2 square meters and E large 193.1 square meters (hereinafter “the instant real estate”) in Daegu-gu Dong-gu, Daegu-gu, and KRW 4.5 billion, and the intermediate payment of KRW 450 million on the date of the contract, and the intermediate payment of KRW 300 million on May 30, 2016 (hereinafter “the instant sales contract”) to receive each payment on September 29, 2016, and concluded an agreement with the buyer that “the remainder of the buyer’s name may be changed” (hereinafter “the agreement with the buyer”).
2) Pursuant to the instant sales contract, C paid the Defendant a down payment of KRW 450 million on the day of the contract and the intermediate payment of KRW 300 million on May 30, 2016, respectively.
3) F Co., Ltd and G are in the position of the purchaser of the instant sales contract against the Defendant according to the agreement to change the buyer, respectively, to the extent that the 2017 branch court of the Daegu District Court was 51024 and 52645 (an independent party’s lawsuit for intervention).
Although a lawsuit was filed to seek the procedure for the registration of transfer of ownership of the instant real estate, the judgment was rendered on July 5, 2018 that “it is difficult to recognize that the purchaser of the instant sales contract was changed to FF stock company or G.”
4) However, the appellate court (Seoul High Court 2018Na23248, 23255) notified the Defendant on December 19, 2019 that the buyer of the instant sales contract would be changed to G on July 14, 2019. The above notification was issued to the Defendant around that time. The buyer of the instant sales contract was changed to G according to C’s notification based on the buyer’s change agreement. Therefore, it is reasonable to view that the buyer of the instant sales contract was changed to G. As such, the Defendant was paid the remainder of KRW 3.75 billion from G, which was changed to the buyer of the instant sales contract, and at the same time, the Intervenor was obligated to perform the registration procedure for the transfer of ownership based on the instant sales contract with respect to the instant real estate.