손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The part of the plaintiffs' main claim against the defendant D is the main claim.
1. In the first instance court, the Plaintiffs filed a lawsuit against Defendant D with respect to ① the primary claim against Defendant D, the primary claim against Defendant D, and the claim for the reimbursement of damages against Defendant D as subrogation claim, and the claim for the revocation of the fraudulent act and the restoration to its original state from August 2015 between F and Defendant D with respect to the agreement for the compensation of damages of KRW 15,00,000,000 in favor of the Republic of Korea, around August 2015 between F and the Republic of Korea. ② Defendant E filed a lawsuit against Defendant E with respect to seeking the payment of damages with respect to Defendant E as subrogation claim. The first instance court dismissed both the Plaintiffs’ primary claim against Defendant D, the claim for restitution from the ancillary claim, and the claim against Defendant E, and accepted the claim for the revocation of the fraudulent act among the ancillary claims against Defendant D.
Since only the plaintiffs appealed against this issue, this Court's judgment is limited to the primary claim against the defendant D and the conjunctive claim against the defendant E.
2. Basic facts
A. The Plaintiffs’ land purchase contract 1) Limited Company N (hereinafter “N”)
F, the representative of which is the Kunsan City I andO land (hereinafter referred to as “instant real estate”).
2) Accordingly, Plaintiff A entered into a land sale contract with 27,747,50 won and 239,562,500 won and 276,969,00 won on February 28, 2012 to purchase one parcel of the instant real estate as the purchase price for 276,969,00 won and remitted 77,230,000 won as the down payment to Defendant E’s spouse under the land sale contract.
3) On February 25, 2012, Plaintiff B entered into a land sale contract to purchase two parcels of the instant real estate in KRW 232,320,000 and KRW 210,540,000, and transferred KRW 44,286,00 as the said contract deposit amount to Plaintiff C as the said L deposit account.