beta
Text
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. On October 25, 2006, the Plaintiff purchased from Defendant B a total of 586,000,000 square meters in total, a total of 586,00,000 square meters (hereinafter “H land”) of Goyang-gu, Yangyang-gu, the deceased (hereinafter “F land”) and 847 square meters in total, G single-story housing (hereinafter “G ground housing”), and H 851 square meters owned by Defendant B (hereinafter “H land”; hereinafter “each land of this case”).
(hereinafter “instant sales contract”). B.
The Deceased completed the registration of ownership transfer for H land to K on February 13, 2008, No. 17688, which was received on February 13, 2008, due to sale on January 28, 2008. Defendant B completed the registration of ownership transfer for H land on January 9, 2008, No. 3384, which was received on January 9, 2008 by the same registry office.
C. The Deceased died on August 30, 201, and the Defendants inherited the deceased’s property.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion, the deceased, and Defendant B, without the Plaintiff’s consent, completed the registration of ownership transfer after double selling each of the instant lands to the above K, etc., and thus, the obligation to transfer ownership to the deceased and Defendant B was impossible. Therefore, the Plaintiff rescinded the instant sales contract.
In addition, while selling each of the instant lands to the above K, the Deceased and Defendant B received the total of KRW 635,800,000 (=32,800,000) from the purchase price (=303,000,000).
Therefore, the Defendants jointly and severally agree with the Plaintiff. (1) Of the purchase price of KRW 586,00,000 paid by the Plaintiff to the Deceased and Defendant B, KRW 556,000,000 remaining after deducting KRW 30,000 from the purchase price of G-based housing, and (2) the above amount and KRW 79,80,000,000, which are the difference between the above double purchase price (=635,800,000 - KRW 556,00,000).