beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 396,00,000, and the Defendants are jointly and severally liable to the Plaintiff from October 3, 2018 to Defendant B, and C, from October 3, 2018 to the Plaintiff.
Reasons
1. Determination as to the claim against Defendant B’s clan (hereinafter “Defendant clan”) and Defendant C
A. The facts of recognition are as follows: (a) Defendant clan, the owner of each 1/7 share out of the land (hereinafter “instant real estate”) in the wife E 11,542 square meters and four parcels (hereinafter “the instant real estate”), which is the basis of litigation, sells the ownership share in KRW 1.8 billion to Nonparty F on July 4, 2008; and (b) received KRW 200 million as down payment on the same day.
B) Defendant clan urged F to pay any balance within a week to F on October 16, 2018, but F did not pay any balance, and F notified F of F of F’s cancellation of a sales contract on January 9, 2009 (C) the Defendant clan completed the registration of ownership transfer on the grounds of sale on December 12, 2008 with respect to each of the instant real estate on January 30, 209, on its own name (D.) the Defendant clan filed a lawsuit claiming F to cancel the registration of ownership transfer against F on February 16, 2009 (U.S. District Court 2009Da12234, hereinafter “Class Action”).
(E) On February 23, 2009, in the previous lawsuit, on June 26, 2009, the ruling of recommending settlement that "F shall pay KRW 2.5 billion to the defendant clan and at the same time the defendant clan withdraws an application for provisional disposition with respect to the real estate of this case" was confirmed, and F paid KRW 2.5 billion to the defendant clan, and on June 29, 2009, the registration of provisional disposition with respect to the real estate of this case was revoked.
F) Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”)
(2) In the process of compulsory auction on October 2, 2013, the Plaintiff was awarded the instant real estate in the amount of KRW 7.83 billion and paid in full, and completed the registration of ownership transfer under the name of the non-party company with respect to the instant real estate. (2) Around 2017, the Plaintiff entered into a delegation contract of the first instance trial with the Defendant clan and the non-party company of the Defendant clan with respect to each of the instant real estate.