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1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The plaintiff 1.
Reasons
1. Basic facts
A. Defendant C, on April 27, 2015, entered into a pre-sale agreement and made provisional registration between the Plaintiff and the Defendants, etc.
Defendant B acquired ownership, and Defendant B acquired the ownership of 1,203 square meters and F 904 square meters in total (hereinafter collectively referred to as “G-dong land”) on July 6, 2016.
(2) On April 26, 2016, the Plaintiff acquired the ownership of the Plaintiff. On the same day, the Plaintiff entered into a pre-sale agreement with Defendant C to sell the land in KRW 444,400,00 (hereinafter “the first pre-sale agreement”). Defendant C, on the same day, entered into a provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with the Changwon District Court (hereinafter “the provisional registration of this case”) on April 26, 2016, based on the first pre-sale agreement with the Plaintiff as to the land in this case.
Meanwhile, at the time of the conclusion of the first promise to sell and purchase the instant land, the registration of creation of a mortgage (hereinafter “mortgage”) was completed with regard to D’s land, which was received on April 27, 2015 from the Changwon District Court: (a) the maximum debt amount of KRW 432,00,000,000; and (b) the debtor C and the Defendant C and the Defendant C agreed to accept KRW 360,000,000, which is the buyer’s loan obligation to the H association; and (c) the Plaintiff and the Defendant C agreed to substitute the payment of KRW 360,000,000, which is the sales amount of KRW 360,000,000, which is the secured debt to the Defendant C’s H association.
Article 1 The defendant C promised to sell D land in KRW 44,400,000 to the plaintiff, and the plaintiff approves it.
Article 2. The date of completion of the sale of this reservation shall be April 2016 (undesignated on the date) and shall be deemed to have been completed as a matter of course without the plaintiff's declaration of intention to complete the sale.
When a trade has been completed pursuant to Article 3 (2).