1. The Plaintiff’s appeal against Defendant C and the appeal against Defendant C are all dismissed.

2. The plaintiff.

In the first instance trial, the Plaintiff filed a claim for the return of the down payment and the penalty due to the cancellation of the contract with the primary defendant, the stock company B (hereinafter referred to as “B”) as the primary defendant and the primary defendant.

The court of first instance accepted the part of the claim for the return of the down payment to the primary defendant C, and partly accepted the claim for the payment of the penalty, and all of the claim against the primary defendant B was dismissed.

As to this, the plaintiff appealed only against the main defendant C and did not appeal against the ancillary defendant B. However, the subjective preliminary consolidation lawsuit cannot be tried separately for the primary defendant's claim against the main defendant and the conjunctive defendant's claim against the main defendant in accordance with the legal principles that cannot be tried separately for the conflict between the plaintiff's appeal and the main defendant C's appeal, and the scope of the judgment of this court is determined together with this decision.

Basic Facts

1) Defendant B shall enter into a sales contract for commercial buildings (hereinafter “instant business”) in Eunpyeong-gu Seoul Metropolitan Government for the new construction and sale of D commercial buildings.

(2) On October 26, 2012, the date of payment of the down payment method (20% of the purchase price): Article 8 (Penalty and Refund) of the date of occupancy designation (80% of the purchase price): In the event the Plaintiff cancels the contract in violation of the contract by Defendant B, Defendant B shall compensate for the amount equivalent to the down payment. (2) On October 20, 2012, the Plaintiff entered into a contract with Defendant B to purchase the D building 402, 403, 404, and 405 (hereinafter “each of the instant stores”) in total at KRW 3,107, 895,00 (hereinafter “instant parcelling-out contract”). The main contents of the instant parcelling-out contract are as follows.

3 On October 26, 2012, the Plaintiff paid 621,579,000 won as down payment to Defendant B, which is 20% of the total sales price.

c) business rights;