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1. The first instance judgment, including the claims expanded and reduced in this Court, shall be amended as follows:
The defendant.
Reasons
1. Basic facts
A. On July 7, 2012, the Plaintiff and the Defendant concluded a contract with the effect that the Plaintiff provided No. 101 of the first floor of the building D in Busan, Dong-gu (hereinafter “Plaintiff-Exchange Real Estate”) and the Defendant provided No. 201 and No. 202 (hereinafter “Defendant-Exchange Real Estate 1”) of the 1st floor of the building D in Busan, Busan, and that the said two real estate should be combined into that of the 1/2 share and disposed of, and divided the profits therefrom (hereinafter “the first contract”).
B. On August 14, 2012, the Plaintiff completed the registration of ownership transfer with respect to each of the shares of the Plaintiff’s exchanged real estate in the name of H and I designated by the Defendant.
C. On December 9, 2013, the Plaintiff and the Defendant: (a) decided to substitute the Plaintiff’s real estate acquired in return for the transfer of the Plaintiff’s ownership of the Plaintiff’s exchanged real estate with F-si land and Gtel No. 303 (hereinafter “second Defendant Exchange Real Estate”); and (b) drafted a written agreement with the Defendant to perform the obligation to transfer the said real estate by December 30, 2013 (hereinafter “instant secondary agreement”).
The Defendant did not transfer to the Plaintiff the ownership of the 2nd Defendant Exchangeed Real Estate under the instant secondary contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as above, the defendant is liable for compensation for the plaintiff's damage since he did not perform his obligation under the second contract of this case.
B. The Plaintiff’s damage due to the Defendant’s nonperformance of obligation is equivalent to the market price of the Defendant’s 2 Defendant Exchangeed Real Estate. The following circumstances, which are acknowledged by the overall purport of the entries and arguments in the evidence Nos. 1, 2, 9, 10, and 11, namely, ① the Plaintiff and the Defendant together with the Plaintiff’s exchangeed Real Estate at the time of the first contract of this case, shall be Kim Sea-si.