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1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3. The costs of the lawsuit.
Reasons
1. The following facts may be found in full view of Gap evidence Nos. 1 through 9, 13 through 16, Eul evidence Nos. 1, 2, 3, 5 through 8 (including each number in the case of additional numbers), witness D, E, F, and G testimony, fact-finding results with respect to the Korea Land and Housing Corporation of this Court, and the whole purport of arguments.
On July 13, 2012, the Plaintiff sold to the Defendant the land for livelihood measures (hereinafter “instant land”) that the Plaintiff purchased from the Korea Land and Housing Corporation in accordance with the Multifunctional Administrative City Construction Project (hereinafter “instant sales contract”). The amount equivalent to 90% of the remainder of the purchase price was paid by the Defendant on behalf of the Plaintiff to the Korea Land and Housing Corporation for the payment of the installment to be paid by the Defendant on behalf of the Plaintiff. Meanwhile, when the Defendant pays the remainder of 10% on the same day, it prepared and issued a cash storage certificate that the Plaintiff would additionally pay the remainder of 1.25 million won to the Plaintiff.
B. On June 26, 2012, the Defendant asserted that the Plaintiff paid or deposited the balance that he/she directly pays to the Plaintiff, the second down payment and the Plaintiff. The Defendant filed a lawsuit against the Plaintiff and the Korea Land Corporation for the performance of the procedure for change of the buyer’s name (2012Gahap22781), seeking the performance of the procedure for change of the buyer’s name against the Plaintiff and the Korea Land Corporation, and received a favorable judgment from the said court against the Plaintiff on June 26, 2013.
Accordingly, the Plaintiff appealed to the above judgment as Seoul High Court 2013Na2014925, and on April 24, 2014, the Plaintiff received KRW 2,320,643,357 from the Defendant, and at the same time, was sentenced to the Defendant on December 15, 2011 to implement the procedure for changing the buyer’s name to “Defendant” by changing the buyer’s name of the sales contract concluded with the Korea Land and Housing Corporation as to the instant land.
And the above appellate court.