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1. Defendant D’s KRW 59,780,00 for Plaintiff A, KRW 89,195,00 for Plaintiff B, and KRW 140,00 for Plaintiff C and each of the said money.
Reasons
1. Facts of recognition;
A. From April 2014 to July 2014, Defendant D operated L Co., Ltd. (hereinafter referred to as “L”) in Busan-gu K. Defendant E worked as L’s regular director, Defendant F, and H as the chief of office, Defendant G, I, and J.
B. From April 2014, Defendant D made a false statement that the Plaintiffs would sell to the Plaintiffs the Hadong-gun M Forest (hereinafter “instant forest”). The Plaintiff transferred KRW 59,780,000 in total, including KRW 10,000 on May 20, 2014, KRW 44,390,000 on June 2, 2014, KRW 16,020,000 on May 7, 2014, KRW 020,000, KRW 180,000, KRW 180,000 on May 9, 2014, KRW 10,000, KRW 180,000 on May 16, 2014, KRW 10,000 on May 9, 2014, KRW 30,50,010 on May 30, 195, 2015.
However, Defendant D failed to secure ownership due to the failure to pay the purchase price to the original owner of the instant forest, and planned to consume the purchase price received from the Plaintiffs for the purpose of office employees’ pay, operating expenses, and personal debt repayment. Thus, even if receiving money from the Plaintiffs, Defendant D did not have any intent or ability to transfer the ownership of the instant forest land, and ultimately, did not transfer the ownership of the instant forest land to the Plaintiffs.
C. Defendant D’s criminal judgment against Defendant D, as stated in the foregoing paragraph (b), was indicted for fraud with Busan District Court upon deceiving the Plaintiffs and receiving money in the name of the purchase price. On April 23, 2015, the said court sentenced Defendant D to two years of imprisonment with prison labor for Defendant D.
(2) The appellate court dismissed Defendant D’s appeal on August 7, 2015 (2015No1247) and the above judgment became final and conclusive on August 18, 2015 by Defendant D’s waiver of appeal.
On the other hand, the plaintiffs filed a complaint with Defendant E, F, G, H, I, and J at the Busan District Prosecutors' Office around July 2015.