매매대금반환 등
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings in the entries in Gap evidence Nos. 2, 3, 4, and 6 (including each number; hereinafter the same shall apply) and Eul evidence Nos. 2 and 3.
The Defendants own 1/2 shares of 36/318 shares, respectively, in relation to the area of 952 square meters (hereinafter referred to as “D land”). The Defendants own 36/318 shares, respectively, in relation to E-type 318 square meters (hereinafter referred to as “E land,” and the said two land is added to “the instant land”).
B. The Plaintiff planned a new housing construction business on the ground of D and decided to purchase the instant land from the Defendants. On February 7, 2013, the Plaintiff concluded a sales contract with Defendant B to purchase the purchase price of D land at KRW 600 million (hereinafter “the first sales contract”). The down payment was made on March 29, 2013 and the intermediate payment and remainder were to be paid in a lump sum within four months from the date the Plaintiff was issued a construction permit. (C) The Plaintiff and the Defendants concluded a sales contract to invalidate the first sales contract on December 2, 2014; (e) added E land to E land as the Defendants’ share; (g) reduced the sales price to KRW 51 million; and (g) paid the remainder to the Plaintiff by January 31, 2015, to pay the remainder of the sales contract to the Plaintiff up to the date of the said payment.
On January 27, 2015, under the understanding of the Defendants, the Plaintiff provided the instant land as security to the F Association (hereinafter “F Association”) and completed the registration of the establishment of the neighboring mortgage, and received a loan of KRW 41 million in the name of the former representative director K of the Plaintiff, and paid the Defendant B a balance of KRW 23 million in the same day, and paid the remainder of KRW 22 million in the purchase price to the Defendant C, respectively, on January 28, 2015.
(e) it;