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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After filing an appeal.
Reasons
1. Basic facts
A. (1) On November 16, 2010, the Plaintiff and Defendant B concluded a real estate sales contract and the Plaintiff’s land located in Mapo-gu Seoul Metropolitan Government F from Defendant B (hereinafter “instant land”).
(2) The sales price for the above-mentioned and its ground buildings shall be KRW 878,00,000; the down payment of KRW 80,000,000 shall be paid at the time of a contract; and the remainder of KRW 798,00,000 shall be paid within four months after the sales contract is concluded with G and two other parties and Defendant C (hereinafter “instant first contract”).
(2) On March 10, 201, the Plaintiff and Defendant C concluded a sales contract with Defendant C to purchase the land located in Mapo-gu Seoul, H, I, and J (hereinafter “instant land”) and buildings on the ground thereof as KRW 2,440,00,000 for the purchase price, and KRW 240,000,000 for the down payment at the time of the contract, and KRW 2,200,000 for the remainder payment at the time of the contract and KRW 2,20,000 for the purchase (hereinafter “instant secondary contract”).
B. According to Article 2(3) of the instant contract, Defendant B agreed to deliver to the Plaintiff a written consent for land use necessary for the authorization of the building upon the Plaintiff’s request following the instant contract 1.2) According to Article 2(3) of the instant contract, Defendant C agreed to deliver all necessary documents for the authorization of the building after the instant contract 2.
(Provided, That the name necessary for authorization and permission shall be the name of the defendant C, and all expenses shall be borne by the plaintiff and the right to authorization and permission under the name of the defendant C was agreed to change the name of the plaintiff or the corporation designated by the plaintiff at the time of transfer of ownership).
2. Judgment as to the main claim
A. Determination as to the claim against Defendant B 1) The Plaintiff’s assertion (A) Defendant B owes a duty to deliver to the Plaintiff a written consent to land use necessary for authorization and permission of the building in accordance with the instant contract No. 1.