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1.Selectively due to the joint tort of the sale of goods in units by deception that has been changed in exchange at the trial.
Reasons
1. Basic facts
A. The Plaintiff and the designated parties concluded a contract for sale in lots and concluded a contract for sale in lots with Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant C Co., Ltd. (hereinafter “Defendant C”), and concluded a contract for sale in lots as indicated in the attached Form 2 “the execution details of the contract for sale in lots” with respect to some sections of the 11th floor of the building, which is the 10th floor above the land surface, such as the Nam-gu Incheon Metropolitan City J (hereinafter “instant land”). Accordingly, each corresponding money indicated in the “final payment date of the purchase in lots” column of “the payment date of the Plaintiff and the designated parties” as indicated in the corresponding date.
(The instant building was divided into two sections on September 13, 2012. The Plaintiff and the designated parties combined each of the sections that were sold in lots, “the instant partitioned buildings” and, in a separate name, specify it as the number of units. No. 307, X, which was not included in the designated parties, was sold in lots, and the Plaintiff withdrawn the appeal against the AG, AP, and AY portion, which was the designated parties of the number of units Nos. 503, 618, and 906.
On March 15, 2010, the registration of preservation of ownership of the instant building was completed on March 15, 2010 with respect to the commission of subrogation following the application of provisional seizure by Defendant B and Defendant C, the creditor of the instant building.
(The provisional attachment registration of creditor BF was completed on the same day. The claim amount of KRW 577,808,000.
Defendant B and Defendant C, around March 22, 2010, entered into the instant management trust agreement with Defendant BB Co., Ltd. (the trade name was “D Co., Ltd,” and was changed to the trade name as of March 28, 2014; hereinafter “Defendant BB”), entered into a real estate management trust agreement with respect to the instant building (hereinafter “instant management trust agreement”), and accordingly, on March 24, 2010, the transfer of co-owners’ shares and the transfer of co-owners’ shares in the future of Defendant BB.