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1. The Defendants’ respective KRW 48,238,110 among the Plaintiff and KRW 40,000 among the Plaintiff, respectively, shall be from April 12, 2013 to the remainder 8,238.
Reasons
1. Basic facts
A. On July 13, 201, the Plaintiff purchased Hacheon-si H and I land (hereinafter “instant land”) in KRW 650,000,000, and concluded a sales contract with G farming association to pay the remainder of KRW 450,000,000 at the time of the contract and pay the remainder of KRW 450,000 to G farming association on December 30, 201 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the said down payment of KRW 200,000,000 to G farming association.
B. G agricultural partnership paid subsidies in acquiring the instant land. G farming partnership entered into the instant sales contract without a prior approval of Chuncheon City, and upon filing an application for provisional seizure of KRW 380,000,000, the amount claimed was decided (Seoul District Court Order 2012Kahap88 dated April 4, 2012). JJ agricultural cooperative, the mortgagee of the instant land, filed an application for voluntary auction on April 4, 2012, filed an application for the decision to commence the auction (J Order dated April 4, 2012), and the instant land was sold to L in the said auction procedure on January 31, 2013.
C. Meanwhile, G farming association is a corporation established by the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Act”), and Defendant C, D, F, E, and Nonparty M are its directors, and Defendant B is its auditors.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2-2, the witness M's testimony, the purport of the whole pleadings
2. Determination as to the existence of the contract deposit and the liability for damages against the plaintiff of G agricultural partnership
A. We examine the cancellation of the sales contract of this case as to the cause of the claim; the Plaintiff paid KRW 200,000 to G farming association as the down payment of the sales contract of this case; the creditor of G farming association applied for a voluntary auction on the land of this case and purchased it by a third party during the auction procedure; and the evidence No. 15 and No. 16 are proved.