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1. Defendant B and Defendant Hyundai Industrial Development Co., Ltd., Ltd., the Daegu-gu, which entered into on October 18, 2013.
Reasons
1. Facts of recognition;
A. On October 15, 2013, C won as the buyer of the instant apartment that was sold by Defendant Hyundai Industrial Development, and then requested a licensed real estate agent E to resell the instant apartment sales right (hereinafter “instant apartment sales right”).
B. On October 18, 2013, C drafted a sales contract on the instant sales right with G with a licensed real estate agent G who represented Defendant B (former name: F) on behalf of Defendant B (former name), with E’s presence.
C. After receiving the sale price and the first down payment from Defendant B, C concluded a sales contract on the apartment of this case by paying the first down payment for the development of the Defendant Hyundai Industries.
(hereinafter “instant sales contract”). D.
Afterward, Defendant B expressed his intent to cancel the sales contract of the sales right to G for reasons that it is difficult to raise funds. G and E concluded a contract to resell the sales right of this case to the Plaintiff on November 19, 2013 (hereinafter “instant resale contract”), the Plaintiff paid KRW 52,490,000 in total, including the sales right and the first and second down payment, to G on the same day, and G paid KRW 12,745,00 in total as the second down payment of the instant sales contract, and paid KRW 37,445,00 in remainder to Defendant B.
E. However, on November 29, 2013, C requested the real estate agent G and E to request the change of the name of the buyer who purchased the Plaintiff on November 29, 2013, and the broker is responsible for the future imposition of capital gains tax. However, E refused such request and did not undergo the procedure for change of the name of the seller for sale.
F. Accordingly, on August 22, 2014, the Plaintiff filed a lawsuit against C to seek implementation of the procedure for change of the name of the seller for sale in lots by the Daegu District Court 2014Kadan1406, and appealed by the said C upon winning a favorable judgment from the said court (Tgu District Court 2014Na15192). The said appellate court duly established a sales contract between C and the Defendant on April 9, 2015, and the Defendant B and the Plaintiff.