약정금
1.The judgment of the first instance shall be modified as follows:
(1) The obligee’s subrogation right of the Defendants is the primary claim against the Defendants.
1. The following facts are acknowledged in full view of each statement in Gap evidence Nos. 1, 3, 17, 41, 46, 47, and 54.
[1] The Korea Land Development Corporation (the name was changed to the Korea Land Corporation; hereinafter the “Korea Land Corporation”) intended to specially supply 6 square meters per 1 person to 45 persons, including M and N, who are in charge of a sectional area construction project around 1990 and who are in charge of M and N, etc. as a means of living measures.
The above 45 persons, such as M and N, established a stock company and acquired ownership in the name of the company, and agreed to complete the registration of ownership transfer according to each of the following shares, by bearing the acquisition price, operating expenses, construction expenses, etc. of the site of this case according to their shares.
M and N, the above forty-five persons, including M and N, shall establish G Co., Ltd. (hereinafter referred to as "G") for the acquisition of ownership of the instant land, the new construction and lease of commercial buildings, etc. on October 16, 192, and became a shareholder thereof.
On September 1, 1992, I Co., Ltd. established on September 1, 1992, for the purpose of the commercial building lease and sales business, the acquisition of ownership of the instant site, construction management, etc. (hereinafter referred to as “I”), and H Co., Ltd. established on January 30, 1993 for the purpose of market management, sale in lots, lease business, etc. (hereinafter referred to as “H”) respectively.
On February 4, 1993, the G Co., Ltd. concluded a sales contract with the Korea Land Corporation to purchase the instant land in KRW 798,00,000.
[2] From February 2, 1993 to April 10, 1995, Defendant B was the representative director of G in charge of the settlement of accounts, and he was the director from April 19, 195 to November 17, 1995.
From September 10, 2001, Defendant C was the representative director of the LAB, and Defendant D was the auditor of the LAB from September 10, 2001.
On August 7, 2002, the registration of ownership transfer was completed in the name of the Bank of Korea, and the registration of ownership transfer was completed in Defendant D on the same day.
As to the instant site on August 7, 2002, the Defendant D, in the future, of the National Bank of Korea.