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1. Of the Plaintiff’s primary claims against Defendant B and C, the part as to Defendant D shares.
Reasons
In fact, E Co., Ltd. (hereinafter “E”) and Defendant D (E’s representative director) agreed on July 20, 2005 to acquire all rights and obligations related to H apartment units constructed on the 15 lots of land, other than the land in Seo-gu, Seo-gu, Seo-gu, Seocheon-si (hereinafter “instant apartment unit”), I Dong, Jdong, Kdong, Kdong total of 70 households, Ndong total of 55 households) from the F Co., Ltd. (hereinafter “F”), and to acquire all rights and obligations related to the 3.1 billion won (hereinafter “E”). In order to clarify the balance between F on January 6, 2006 and F on July 20, 2005, FF paid KRW 250,500,000 and E-dong ownership transfer registration procedures at the same time to the Defendant’s ownership transfer registration.
“The Agreement was signed as of January 6, 2006” (hereinafter “Agreement”).
E and Defendant D filed a civil conciliation application against F on January 6, 2006 with the purport of the application that “F is paid KRW 12 million from E and Defendant D (i.e., the remainder of KRW 250 million - the remainder of KRW 148 million - the payment of KRW 100 million).” At the same time, E and Defendant D filed a civil conciliation application with the Daejeon District Court for the registration of ownership transfer for the instant apartment on January 6, 2006.” On May 30, 2006, the conciliation of the same purport of the above application was established.
The F filed a suit for quasi-deliberation with the Daejeon District Court Branch of the Daejeon District Court on February 14, 2008, arguing that the above adjustment was made by the defective person and null and void by the defective person, and the Daejeon District Court rendered an interim decision on February 14, 2008 that "the above adjustment was made by a person who does not have the F's power of representation, and thus revoked it." On April 21, 2009, the F received KRW 12 million from E and Defendant D, and at the same time, ordered E and Defendant D to implement the procedure for ownership transfer registration for the apartment of this case on January 6, 2006, "the F will implement the procedure for ownership transfer registration for the apartment of this case on January 6, 2006."
F is against the above ruling.