Text
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiffs' claim corresponding to the above revocation part is filed.
Reasons
1. The reasoning behind this part of the judgment of the court of first instance is as stated in the part on “1. Basic Facts” among the reasoning of the judgment of the court of first instance, except for the dismissal of a part of the judgment in the judgment of the court of first instance as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure
Part 6 "No. 4, 2018" in Part 4 shall be changed to " April 11, 2018".
7 below up to 8 pages 2 through 3 are as follows:
3) Meanwhile, while the plaintiffs filed a complaint with the defendant's representative director and the defendant's actual manager with the investigative agency as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the prosecutor of the Mapo branch office of the Changwon District Prosecutors' Office (J on May 31, 2019) issued a non-prosecution disposition on the grounds that T was dismissed for lack of evidence (No. 5562). The plaintiffs filed an application for a non-prosecution disposition against the above plaintiffs, but the Busan High Court (Seoul High Court 2019) decided to dismiss the plaintiffs' application for a ruling on November 5, 2019 (Seoul High Court 2019 early 297).
2. The parties' assertion
A. Plaintiffs 1) Since the Defendant sold the instant real estate to U and completed the registration of transfer of ownership, the Defendant’s obligation to register transfer of ownership under the instant sales contract was impossible.
On November 22, 2019, the Plaintiffs expressed their intent to cancel the instant sales contract on the grounds that the Defendant is unable to perform his/her duty to register the transfer of ownership.
Therefore, the Defendant is obligated to pay to the Plaintiffs the amount of KRW 1,440,00,00, which is a part of the down payment pursuant to Articles 5 and 6 of the instant sales contract (main assertion) and delayed damages therefrom (the Defendant acquired the instant real estate on the condition that he would attract “the manufacturing business of steel structures related to offshore plant” and thus, it was not possible to obtain approval for installation of ready-mixed manufacturing facilities on the instant real estate.
Nevertheless, the defendant can install manufacturing facilities of ready-mixed on the real estate of this case.