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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. C and the Plaintiff’s real estate sales contract 1) C around January 11, 201, Nonparty D (hereinafter “non-party D”) is a clan around January 11, 201.
(2) On March 22, 2011, the Daejeon Seodong-gu E, Daejeon Special Metropolitan City: (a) entered into a sales contract with F,264 square meters of forest E, which is the similar 128,724 square meters of forest land; (b) on March 22, 2011, divided into G forest E, 5,951 square meters of forest, H forest, 3,306 square meters, respectively; (c) on March 23, 2011, C entered into a sales contract with F, G forest, and H forest into a sales contract with the purchase price of KRW 250,000,000,000 for forest land, and on April 1, 2011, the registration of ownership transfer as to each of the said real estate is completed.
3) Meanwhile, around March 1, 2011, the Plaintiff purchased H forest land from C in KRW 500 million and paid KRW 500 million to C in full. 4) On April 1, 2011, the Plaintiff completed the registration of the right to claim ownership transfer with respect to H forest land to the I designated by C.
B. The Plaintiff, upon the rescission of the instant sales contract, purchased the forest land from C in order to construct a gas station in H forests and fields. However, due to statutory restrictions, the purpose of the contract cannot be achieved because the construction of a gas station was impossible, and accordingly, filed a lawsuit against C for the return of the purchase price at Daejeon District Court 2013Gau948, around November 2013.
In the above case, the court rendered a judgment on November 6, 2014, stating that “C shall pay KRW 500 million to the Plaintiff,” when it determines that the above sales contract was lawfully rescinded.
From the appellate court (Seoul High Court 2014Na4055) to March 30, 2017 on the above judgment, the conciliation was concluded that “C shall pay the Plaintiff KRW 500,000,000 and shall pay the Plaintiff the damages for delay of 15% per annum to the unpaid party” as of May 31, 2017.
C. C’s financial status and dispositive act 1) After the judgment of the first instance court on the claim for the refund of the purchase price was rendered, C’s real estate listed in the separate sheet (hereinafter “instant apartment”) on November 10, 2014.
(b).