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1. The motion for intervention by the Intervenor joining the Defendant is dismissed.
2. The defendant shall pay 580,000,000 won from the plaintiffs.
Reasons
1. Facts of recognition;
A. 1) The Plaintiffs are constructors who mainly engage in the business of purchasing land and newly constructing a building and selling it. 2) D is a company that runs the business of operating a private teaching institute (Lifelong Education and Training Institute). The Defendant is a shareholder who holds 10,000 common shares issued by the Defendant and was in the Defendant’s inside director by March 8, 2017. E is a company as the Defendant’s inside director on July 4, 2017.
B. (1) On March 8, 2017, D filed an application for permission to sell each real estate listed in the separate list of real estate (hereinafter “each of the instant real estate”) with Seoul Family Court Decision 2016-Ma7703, which was decided to appoint a supervisor of adult guardianship as the Defendant joining the Defendant. (2) On July 12, 2017, E filed an application with the Seoul Family Court for permission to sell each of the real estate listed in the separate list of real estate (hereinafter “each of the instant real estate”).
C. On August 17, 2017, E, as the representative of the Defendant, sells each of the instant real estate in KRW 750,000,000, which is owned by the Defendant, to the Plaintiffs, and KRW 70,000,000, the intermediate payment of KRW 100,000 at the time of the contract, and KRW 580,000,000, the remainder payment of KRW 580,000 at the same time as the transfer of ownership on October 31, 2017 (hereinafter “former sales contract”).
(2) At the time of the conclusion of the pre-sale contract, E knew that the Plaintiffs could obtain permission from the court for the sale of each of the instant real estate at the time of the conclusion of the pre-sale contract, and accordingly, the Plaintiffs and E, as to the special terms and conditions of the pre-sale contract, shall be null and void when there is an obstacle to the buyer’s transfer of ownership to the Plaintiffs.
5. One shareholder;