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1. The date of April 4, 2008 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) as to the real estate stated in the attached list.
Reasons
1. Basic facts
A. On April 4, 2008, the Plaintiffs were co-owners of the real estate listed in the separate sheet (hereinafter “instant land”), and entered into a contract to sell the instant land in total at KRW 7 billion (hereinafter “instant sales contract”) with the Defendant on April 4, 2008, and the Defendant paid the Plaintiffs the down payment KRW 700 million on the date of the contract.
B. Under the instant sales contract, the Defendant agreed to pay the remainder of KRW 6.3 billion to the Plaintiffs on August 4, 2008, but did not pay the remainder until now.
[Ground] Facts without dispute, Gap evidence No. 1, the purport of the whole pleadings
2. The Intervenor joining the Defendant asserts that he has legal interest in the outcome of the instant lawsuit, as he invested KRW 300 million in the Defendant’s land development project and decided to distribute profits therefrom.
In order to intervene in a lawsuit to assist one of the parties in a specific litigation case, there must be an interest in the result of the lawsuit in question. The term "interest" refers to a legal interest, not in fact economic or emotional interest, which refers to a case where the judgment is res judicata or executory power of the judgment in question, or where the judgment in question does not directly affect the effect of the judgment in question, it refers to a case where the legal status of a person who intends to participate in the lawsuit is determined on the premise
(See Supreme Court Decision 2005Da19156 Decided April 26, 2007, etc.). Even if the Defendant asserted, the Defendant’s Intervenor invested KRW 300 million in the land development project of the Defendant in the form of a monetary loan agreement, and if the Defendant lost in the principal lawsuit or counterclaim of this case, the said project does not proceed or the Defendant’s down payment is down payment.