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1. The defendant (Counterclaim plaintiff) Eul, and the defendant C are 75,348,054 won and this shall apply to each plaintiff (Counterclaim defendant).
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the business of leasing, selling and selling real estate, and Defendant C is an internal director of the Defendant Company.
B. On April 22, 2009, Defendant C entered into a sales contract with Defendant D on the purchase price of KRW 4,237,100,000 for E forest land, 13,930 square meters, F forest land, and G forest land, in the course of harmony owned by Defendant D.
After that, E forest E 13,930 square meters were registered in Jun. 24, 2011 with H forest land 13,894 square meters.
C. On December 28, 2012, Defendant C intended to sell each of the lands listed in the separate sheet Nos. 1 through 10,110,000,000 won to the Plaintiff, among the forests purchased from Defendant D, as seen above, KRW 4,365 square meters of H 13,894 square meters of forests and fields, and road sites adjacent thereto, among the forests purchased from Defendant D (hereinafter “instant sales contract”) between the Plaintiff and the Plaintiff (hereinafter “instant sales contract”).
(2) Upon entering into the instant sales contract, the Plaintiff paid the down payment and intermediate payment in total KRW 300 million to Defendant C pursuant to the instant sales contract, but Defendant C failed to perform its duty to divide the forest subject to sale into separate lots until March 28, 2013, and the remainder of KRW 810 million, and at the same time paid the remainder, obtained approval, etc. for factory construction from the competent authority so that the Plaintiff may build a new factory on the land purchased. At the same time, the construction work for developing and using the forest land was carried out, and the said forest was carried out by dividing the said forest into separate lots, and entered into an agreement to complete the registration of ownership transfer after completing the registration of ownership transfer. (2) However, Defendant C did not perform its duty to divide the forest subject to sale into separate lots until March 28, 2013, and the Plaintiff and Defendant C agreed to postpone the outstanding payment date and the payment method of ownership transfer on several occasions, as follows:
Agreements
1. Payment method of the purchase price (1)