2. The costs of lawsuit shall be borne by the Plaintiff.

A. Defendant D entered into a sales contract on the fourth floor 28 and sixth floor 24 (hereinafter “each of the instant officetels”), Seo-gu, Seo-gu, Gwangju, with a b&D City Development Co., Ltd. (hereinafter “b&D city development”), and transferred the right to sell each of the instant officetels to the Plaintiff on May 10, 2016.

B. In accordance with the agreement between the Plaintiff and Defendant D and Dun City Development, the sales contract was prepared for the Plaintiff to sell each of the instant officetels directly to the Plaintiff on the day of the said sales contract, and the Plaintiff paid to Defendant D a total of KRW 100 million with the transfer proceeds on the day and following day of the said contract.

C. Meanwhile, each of the instant officetels could not enter into a valid sales contract without the consent of the trust company on the ground that it is a trust property.

Nevertheless, G&D development had already entered into a sales contract with the Plaintiff without the consent of the trust company and had already entered into a sales contract with a third party.

For this reason, the Plaintiff was unable to acquire ownership of each of the instant officetels, and Defendant D demanded the return of the said transfer price, and returned KRW 10,400,000 to the Plaintiff around July 2016 upon receipt of the demand to return the said transfer price.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through 5, and 8 including various types of numbers, and the purport of the whole pleadings

2. Determination

A. Defendant D, the gist of the Plaintiff’s assertion, even if he resells each of the instant officetels in different places, he was well aware of the fact that the transferee could not acquire ownership, and acquired the price by transfer to the Plaintiff. Defendant B and C provided false information about each of the instant officetels to the Plaintiff, and actively recommended the Plaintiff to acquire each of the instant officetels, thereby actively participating in the Defendant D’s tort.

Therefore, the defendants are jointly and severally liable for damages incurred by the plaintiff.