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1. Of the judgment of the court of first instance, the following money for the preliminary claim is equivalent to the amount ordered to be paid:
Reasons
1. Basic facts
A. On June 2010, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) to purchase electric house I (I) Dong (hereinafter “instant house”) (hereinafter “instant sales contract”) newly constructed in the wife population E from the Defendant B Co., Ltd. (hereinafter “Defendant B”) for 500,000 won (hereinafter “instant sales contract”). According to the instant sales contract, Defendant B was fully paid the sales price on May 31, 2010.
B. On October 29, 2012, Defendant B sold the instant house to F in KRW 170,000,000, and completed the registration of ownership transfer with F on October 30, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Main claim against the Defendants
A. The Defendants, the primary cause of the instant claim, in collusion with D even though they had no intent to transfer the ownership of the instant house to the Plaintiff, concluded the instant sales contract by falsely stating that D would sell the instant house to the Plaintiff instead of the investment amount to G Co., Ltd., which was represented, and then sold the instant house to a third party, thereby causing damages equivalent to KRW 500,000,000 for the sales price of the instant house to the Plaintiff. As such, the Defendants are jointly and severally liable to pay the Plaintiff damages amounting to KRW 100,000,000, which is part of the damages amount, and damages for delay.
B. As alleged by the Plaintiff, it is not sufficient to recognize the Defendants as to whether they conspired with D, as alleged by the Plaintiff, only the descriptions of the Health Team and Evidence Nos. 1 through 4, and there is no other obvious evidence to acknowledge it. Thus, the Plaintiff’s primary claim is without merit without further review.
3. Preliminary claim against the defendant B
A. According to the facts as seen earlier prior to the determination of the conjunctive cause, Defendant B is obligated to complete the registration of ownership transfer of the instant house to the Plaintiff according to the instant sales contract.