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1. The Defendants jointly and severally agreed to the Plaintiff KRW 53,880,597, and 5% per annum from February 9, 2013 to June 16, 2016.
Reasons
1. Basic facts
A. The Plaintiff and Defendant B jointly owned Plaintiff 306/7736 square meters of forest D, 736 square meters in Incheon-gun (hereinafter “instant partitioned forest”) at the ratio of the shares of Plaintiff 3306/7736 and Defendant B 4430/736.
B. On March 9, 2010, the forest land before subdivision of the instant case was divided into the area of 4,430 square meters of the land owned by the Defendant-owned Incheon-gun, Incheon-do (hereinafter “instant forest”) and the area of 3,306 square meters of the land E owned by the Plaintiff.
C. On March 15, 2010, the ownership of forest E, 3306 square meters divided as owned by the Plaintiff was transferred to F on March 11, 2010.
On June 1, 2010, the Defendants issued to the Plaintiff a written confirmation (No. 1; hereinafter “instant confirmation”) confirming that the amount of KRW 500 out of KRW 1,340 of the instant forest land, which was divided as owned by Defendant B, is the Plaintiff’s share.
E. The Defendants sold the instant forest land in KRW 144,40,000 to F on February 8, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Defendants: (a) sold KRW 50,000,000 out of the purchase price to the Plaintiff after selling KRW 105,000,000,000, which was divided as owned by the Plaintiff; and (b) proposed that the remaining KRW 55,00,000 out of the instant forest will be substituted by a substitute; and (c) subsequently, the Defendants promised to sell the instant forest instead of dividing 500 square meters among the instant forest, and pay KRW 55,00,00,000 by selling the instant forest. (b) Since the Defendants sold the instant forest, they are jointly obligated to pay KRW 55,00,00 to the Plaintiff in accordance with the said promise.
B. The Defendants promised to sell the forest of this case to the Plaintiff and pay KRW 55,000,000 to the Plaintiff.
There is no evidence to acknowledge that the Plaintiff did not pay KRW 55,00,000 out of the purchase price of 3,306 square meters of forest E, Incheon Strengthening-gun.