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1. Of the judgment of the first instance, KRW 145,932,789 jointly with the Defendants and the Defendants from May 19, 2016.
Reasons
1. Facts recognized;
A. Before the subdivision, E Forest land E 32,231 square meters (hereinafter “instant land”) was originally owned by the Plaintiff.
B. As to the instant land, ① on December 31, 2001, the maximum debt amount of KRW 90,000, the debtor’s “J”, the mortgagee’s “J”, and the “Public Livestock Cooperative” (hereinafter “Public Livestock Cooperative”) was the establishment registration of the neighboring mortgage, ② on November 22, 2002, the maximum debt amount of KRW 260,000,000; and ② on November 22, 2002, the debtor’s “Trus Co., Ltd.” (in the case of a Co., Ltd. for convenience, the part of the corporate name of the Co., Ltd.), and the establishment registration of the neighboring mortgage with the mortgagee as the “Public Livestock Cooperative,” respectively.
C. On August 30, 2004, on the instant land, the decision was rendered on August 30, 2004 to the Daejeon District Court Public Security Branch F for the voluntary auction with respect to the instant land (right to collateral security).
8. The entry was registered on October 13, 2004, and the decision was made on October 14, 1000 on October 14, 2000 on October 13, 2004 on the commencement of auction at public interest branch of the Daejeon District Court.
(hereinafter referred to as the "instant auction") from the following day: (a) auction according to the decision to commence the above auction; (b)
D On October 27, 2004, the Plaintiff and the instant land entered into a sales contract of KRW 400,000 with respect to the purchase price of KRW 400,000 in order to promote the business of building a factory site as a partnership business with the Defendants, and the Defendants were present at the time of the conclusion of the said sales contract.
D, however, after paying the down payment of KRW 40,000,000, the remainder amount of KRW 360,000,000 was not paid until December 27, 2004, which was the due date, and the said sales contract was rescinded on the ground of such D’s nonperformance of obligation.
E. After that, the Defendants requested the Plaintiff to sell the instant land. Accordingly, on July 15, 2005, the sales contract between the Plaintiff and the Defendants entered into between the Plaintiff and the Defendants with the following terms (hereinafter “instant sales contract”).
§ 1.