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1. The Defendants jointly set forth the Plaintiff KRW 120,00,000 and KRW 10,000 among them, from April 27, 2010 to 50.
Reasons
1. Facts of recognition;
A. On November 30, 2007, D purchased shares of 991.74/11,107, out of 11,07 square meters of E forest land in Chuncheon-si from Defendant Company B (hereinafter “Defendant Company”) in KRW 11,107,000,000,000. The Defendant Company agreed to return the principal at the time of need for money within one year, and sell the instant land at the time of D’s request. The Defendant Company received the registration of ownership transfer from the Defendant Company on November 30, 2007, with the total amount of KRW 5,00,000,000 on December 18, 2007, KRW 20,000,000,000 on October 10, 2008, KRW 318,000,000,000,000,000 won on the instant land.
B. Around January 2008, Defendant C, a director of the Defendant Company, prepared and delivered to D a written statement stating, “The entire amount of taxes shall be responsible for the repayment of KRW 120,000,000 for the instant land purchase amount, and pure profit shall be given to D.”
C. D Around November 17, 2009, died, and on December 30, 2009, the registration of ownership transfer was completed in the name of the Plaintiff as his heir.
The Defendants agreed with the Plaintiff on April 26, 201, upon being urged to perform a special agreement under the above sales contract, and agreed with the Plaintiff on October 26, 201, that “The Defendants would invalidate an agreement on repayment of an amount equal to the pre-existing contract amount, and jointly purchase the instant land from the Plaintiff at KRW 120 million (the intermediate payment of KRW 10 million on April 26, 2010, KRW 50 million on July 30, 2010, KRW 60 million on each payment of each payment on August 30, 2010).”
(hereinafter referred to as “instant agreement”). 【No dispute exists; Gap evidence Nos. 1, 3, and 4; Gap evidence Nos. 2-1 and 2; witness F’s testimony and the purport of the whole pleadings.
2. The Plaintiff and the Defendants concluded the instant agreement on April 26, 2010, and the said agreement became null and void a special agreement on repayment of the amount apportioned according to the sales contract concluded on November 30, 2007 regarding the instant land.
Therefore, the Defendants jointly share the purchase price of KRW 120 million under the instant agreement with the Plaintiff.