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1. The Defendants jointly and severally committed against the Plaintiff KRW 351,705,030 and Defendant A Co., Ltd. from March 7, 2013.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1-2, Eul evidence 1-1-2, and 1-2:
On June 30, 2008, the Plaintiff entered into a sales contract with the Defendants on August 30, 2008 under which they purchase eight forest land (hereinafter “instant land”) including Gyeonggi-gun C and D owned by the Defendants for KRW 12,000,000,000, and paid the Defendants the down payment of KRW 1,000,000,000. However, the said sales contract was rescinded due to the Plaintiff’s intermediate payment, and the said down payment was reverted to the Defendants.
B. On April 12, 2009, the Plaintiff concluded a sales contract to purchase the instant land in KRW 12,000,000 (hereinafter “instant sales contract”) with the Defendants, and the contract deposit was replaced by KRW 1,000,000 paid at the time of the sales contract concluded on June 30, 2008, and the intermediate payment and the remainder amount were sold in lots to a third party and paid as the sale price.
However, the instant sales contract was also rescinded due to the Plaintiff’s failure to pay the purchase price.
C. On March 21, 2012, the Plaintiff agreed with the Defendants on the cancellation of the instant sales contract (hereinafter “instant agreement”) as follows.
With respect to the instant land, the first real estate sales contract was concluded on April 30, 2008 between A (the Defendant) and B (the Plaintiff) on April 30, 2008, and the second sub-contract was concluded on April 12, 2009 by B’s B’s office, but all of them were terminated due to B’s breach of contract, and the down payment was reverted to A.
The written agreement was made on April 9, 2010 following cancellation, and the Gap's notice recognition, Gap and Eul shall be reversed and null and void, and the final agreement shall be made as follows:
1. A: (a) the sum of KRW 1,400,000,000,000, and the expenses of KRW 400,000,000, reverted to B, as well as the expenses of KRW 1,400,00,000.