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1. Revocation of the first instance judgment.
2. The plaintiff's primary claim and conjunctive claim are all dismissed.
3...
Reasons
1. The reasons why this court shall state this part of the underlying facts are as stated in paragraph (1) of the first instance judgment, except that the following facts are deemed to be “ October 3, 2018” as “ October 30, 2018.” under the 10th judgment of the first instance court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. The Plaintiff and the Defendant entered into an agreement on early sale conversion with the purchase price of the instant apartment as KRW 235,40,000,000, and the Plaintiff is qualified for sale in lots. Therefore, according to the sales contract dated January 7, 2019, which is the date scheduled for the third sale in lots, the Defendant is obligated to pay the Plaintiff KRW 63,40,000,000, deducting the lease deposit from KRW 172,000,000,000,000 from the said purchase price, and at the same time, to implement the registration procedure for ownership transfer on the instant apartment.
B. 1) Preliminary Claim No. 1. On the date of delivery of the complaint of this case, the Plaintiff and the Defendant entered into an agreement on early sale conversion with the purchase price of KRW 235.4 million as of the date of delivery of the complaint of this case, and the Plaintiff is qualified for conversion for sale in lots. Thus, the Defendant is obligated to pay KRW 63.4 million from the Plaintiff according to the sales contract of this case, and at the same time, to implement the registration procedure for transfer of ownership based on the above sales contract for the apartment of this case. 2) 2) The Plaintiff and the Defendant did not enter into an agreement on early sale conversion.
Even if there is a qualification for sale in lots to the Plaintiff, the Defendant cannot refuse to conclude a sales contract, and the Defendant is obligated to express his/her consent to the Plaintiff’s offer to purchase the instant apartment in the amount of KRW 235,40 million, and at the same time, to receive payment from the Plaintiff for KRW 63,400,000 from the Plaintiff, the apartment in the instant case is caused by the sale on the date of the above consent