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1. The Defendants are jointly and severally liable to the Plaintiff for 94,291,504 won and 5% per annum from December 18, 2018 to August 12, 2020.
Reasons
1. The following facts may be found to be based upon Gap evidence Nos. 1 through 9, 18 through 26, and Eul evidence No. 4 (including each number, hereinafter the same as the same), together with the overall purport of the pleadings, and against this, Eul evidence No. 1 does not believe.
On October 18, 2013, the Plaintiff purchased the status of the parties and the land related to the instant case (i.e., the Plaintiff’s land before the instant partition) 10215 square meters of forest land D, Busan-gun, Busan-gun, (hereinafter “instant land before the instant partition”). Since all land is located in the E-Ri, Busan-gun, Busan-gun, and completed the registration of ownership transfer at the auction procedure, and completed the registration of ownership transfer, and then promoted the development by dividing it into several lots.
Before the instant subdivision, on August 21, 2015, the land was converted into 10581 square meters of forest land in Busan-gun, Busan-gun, and was divided into two parcels on December 17, 2016.
Land related to the instant case among divided land is G forest land of 614 square meters (a land category is changed to a site on July 26, 2018; hereinafter “instant land”) and H forest land of 649 square meters (hereinafter “instant land 2”).
Defendant B is a person who runs construction business under the name of Defendant C in a de facto marital relationship under the name of “I”.
B. (1) The Plaintiff is deemed to have prepared a contract between the Defendants and Defendant B on behalf of the Defendants in terms of the contract in 2016, and the same applies to the contract for construction contracts as seen below. The Defendants do not dispute the Defendants as joint parties regarding the above contract and each contract for construction works, and thus, the Defendants are deemed to be joint parties notwithstanding the entries in all the factual relations.
As to the instant land No. 1, the sales contract was concluded by setting the sales price of KRW 149,800,000 (hereinafter “instant sales contract”). Defendant B reselled the instant sales contract to Nonparty J around October 2016.
DorJ shall grant the Plaintiff’s loan on the land No. 1 of this case 80,00.