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1. At the same time, the defendant and the non-party D receive KRW 680,000 from the plaintiffs, and the defendant shall attach them to each of the plaintiffs.
Reasons
Basic Facts
Attached Form
The land indicated in the list (hereinafter “instant land”) is jointly owned by the Defendant and Nonparty D as 2883/5950 shares, and Plaintiff A as 184/5950 shares.
On August 12, 2016, Defendant and Nonparty D sold their shares in the instant land to the Plaintiffs in KRW 1,122,000,000 (hereinafter “instant sales contract”).
According to the instant sales contract, KRW 100,000,000 was paid on the date of the contract, and the remainder of KRW 770,000,000 remaining after deducting capital gains tax and other expenses from the sales balance was agreed to pay on September 12, 2016.
The Plaintiffs paid 100,000,000 won as down payment to the Defendant and D. On September 6, 2016, the Plaintiffs paid 90,000,000 won out of the agreed remaining 770,000,000 won to D as above.
At the same time, each of the plaintiffs was paid 680,00,000 won (=770,000,000 - 90,000,000) against the defendant and D when the defendant and D did not perform their obligations under the contract of this case until the remaining payment date of the purchase and sale, and at the same time filed the lawsuit of this case seeking the registration of ownership transfer of shares of the plaintiffs under the contract of this case (i.e., shares owned by the defendant and D 2883/50 x 2883/5950 x shares owned by the defendant and D).
This Court decided to recommend reconciliation, such as the plaintiffs' claims, against the plaintiffs, the defendant, and D, and the lawsuit between the plaintiffs and D was concluded as the above decision of recommending reconciliation became final and conclusive because the plaintiffs and D did not object to the above decision of recommending reconciliation.
[Ground for recognition] A, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 1-2-1, 2, 3-3, and Gap evidence 6-6, and the main purport of the whole pleadings, are stated as "A and 3" under the sales contract of this case. Thus, the defendant asserts that the plaintiff's lawsuit seeking the registration of ownership transfer based on the sales contract of this case constitutes an essential co-litigation for which four persons shall become the plaintiff.