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1.The judgment of the first instance shall be modified as follows:
Upon the primary claim added at the trial, the plaintiff shall be entitled to do so.
Reasons
1. Basic facts
A. Defendant B is the mother of Defendant C, D, and E. The real estate listed in the separate sheet Nos. 1 through 4 was jointly owned by Defendant B 3/9, the remaining Defendants were jointly owned by Defendant B/9, and the real estate listed in the separate sheet Nos. 5 is owned by Defendant C.
(1) The real estate listed in the separate sheet Nos. 1 through 5 of this case is the real estate of this case, and among the real estate of this case, the ownership of the real estate listed in Defendant B, D, and E List Nos. 1 through 4 of this case among the real estate of this case, the ownership of the real estate listed in Defendant C’s separate sheet Nos. 1 through 4 of this case and the ownership of the real estate listed in the separate sheet No. 5 of the attached list Nos. 5 of this case is the Defendant C of this case). Meanwhile, the real estate of this case is owned by F, G, and 952 square meters in total by J (hereinafter referred to as “F, G, and J”).
B. On March 15, 201, the Plaintiff entered into a sales contract with Defendant B on the instant real estate and the instant real estateF, and paid KRW 306,80,000 as down payment, upon entering into the sales contract with the following terms (hereinafter “instant sales contract”). The sales contract does not contain any indication as to Defendant C, D, and E, and only with Defendant B’s signature and seal affixed at the end of the sales contract.
- In the sale and purchase contract of the real estate indicated below (only referred to as “the subject matter of sale”), the seller and his agent (hereinafter referred to as “A”) and the buyer (hereinafter referred to as “B”) enter into a sales contract as follows:
Article 1 [Purpose of Contract] The purpose of this Agreement is to conclude a sales contract where “B” and “B” are responsible to fully recognize this fact and to achieve the objectives of filing a lawsuit, as they intend to purchase the real estate indicated below from “A” and to promote development activities on the same land.