약정금
1. Defendant E: (a) on September 18, 2015, the respective amount of KRW 150,000,000 for Plaintiff A and each of the said amounts to Plaintiff B and C, respectively. < Amended by Presidential Decree No. 26558, Sep. 18, 2015>
1. Facts of recognition;
A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is an implementer who is implementing a new building construction and sales project on each of the instant land (hereinafter “instant land”) on the land of Gangnam-gu Seoul Metropolitan Government Fro 968.9 square meters and G 748.5 square meters (hereinafter “instant land”).
Plaintiff
A As the deceased’s spouse, Plaintiff B, and C are the deceased’s children on February 14, 2007, the deceased succeeds to the shares of 53.828/968.8/968.8/300 of the 968m2 in Gangnam-gu Seoul, Seoul and the 301m2 within the building on the ground (hereinafter “each of the instant real property”).
(In addition to Plaintiff B and C, Defendant E served as Defendant D’s representative director from March 13, 2014 to September 24, 2014, and is currently in office as Defendant D’s inside director.
B. On March 24, 2015, the Plaintiffs and Defendant D entered into a sales contract with regard to each of the instant real estate and the registration of ownership transfer in Defendant D’s future. On March 24, 2015, the Plaintiffs, Defendant D, and Defendant D entered into a sales contract with regard to each of the instant real estate at KRW 3 billion. On the same day, the Plaintiffs completed the registration of ownership transfer with respect to each of the instant real estate
C. On March 25, 2015, Defendant E, who entered into an agreement on the payment of additional money, prepared a written confirmation that at least three shareholders of Defendant D, including Defendant E, pay the Plaintiffs a total of KRW 400 million ( KRW 100,000,000 to Plaintiff A, and KRW 150,000,000,00 to Plaintiff B, respectively), separately from the sales amount that Defendant D’s shareholders shall pay to the Plaintiffs after the D general meeting of shareholders held on March 26, 2015, which was held on March 26, 2015. However, Defendant E agreed to prepare the written confirmation as above.
[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1, 3, and Eul evidence No. 1, the result of Defendant J himself-Examination (the decision of recommending reconciliation between the plaintiff and defendant J was finalized on May 31, 2016, which was pending in the instant case.
(2) The grounds of appeal No. 1
2. Determination as to the claim against Defendant E