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1. As to the portion of 8,318.64/23,428 square meters against the Plaintiff (Appointed Party) among D forest land 23,428 square meters in Sungsung-si.
Reasons
1. Basic facts
A. On September 22, 2003, the Plaintiff and the selected E, F, G, and J, I, K, L, M, etc. (hereinafter “Plaintiff, etc.”) jointly purchased the said land from the Defendant, the owner of the instant land, in the purchase price of KRW 2.4 billion (hereinafter “instant purchase contract”), and paid the Defendant the down payment of KRW 2.4 million on the same day.
B. However, upon the commencement of the auction procedure regarding the instant land with the Defendant’s motion for auction of N,O, P, etc., the Plaintiff, etc. deposited KRW 360,00,000 to N on August 27, 2010, KRW 240,000, and KRW 692,193,130 to P, and KRW 90,328,870 to P on September 7, 201, on behalf of the Defendant, in order to prevent the sale of the instant land to a third party by auction. On October 5, 2011, the Plaintiff, etc. paid KRW 480,00,000 to N on behalf of the Defendant’s pecuniary obligation to the Defendant, and on behalf of the Defendant on December 21, 2011, rendered a decision to pay KRW 380,00,000 to the Defendant on December 28, 2018 under the name of the court’s permission for auction.
C. Meanwhile, on October 20, 2010, the J transferred his/her share (i.e., 1/9; hereinafter the same shall apply) in accordance with the instant sales contract to the Selection F on or around April 10, 2013, and notified the Defendant of the transfer of the said claim. ② On October 20, 2010, I notified the Defendant of the transfer of the said claim on or around April 5, 2013 after I transferred his/her right to claim for the transfer of shares under the instant sales contract to the Selection F., and ③ on or around October 20, 2010, K transferred his/her right to claim for the transfer of shares under the instant sales contract to the Plaintiff on or around April 3, 2013; ④ L transferred his/her right to claim for transfer of shares to the Defendant on or around October 20, 2010; and ⑤ notified the Defendant on October 20, 2013.