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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is the owner or co-owner of the land of this case, such as the Plaintiff’s land E through G, H, I, or J (hereinafter “instant land”).
The Plaintiff and K, etc. promoted a new construction implementation project for the neighboring 60 parcels of land, including the instant land (hereinafter “instant project”). On June 18, 2007, the Plaintiff delegated L on June 18, 2007 the authority to conclude a sales contract for the instant land and sell the instant business rights.
B. L entered into a sales contract with D Co., Ltd. (hereinafter “D”) on August 1, 2007 to sell the entire land including the instant land and the instant business rights for KRW 4 billion.
C. Since then, in order for the Plaintiff to enter into a direct sales contract with D and receive the payment of the purchase price, L and K entered into a “statement of transfer” with the purport that “The Plaintiff’s initial investment amount of KRW 470 million out of the transfer price of the instant business right and KRW 300 million of the investment profit, shall guarantee the Plaintiff’s initial investment amount of KRW 370 million, shall be delegated to D to the Plaintiff directly, and no objection shall be raised against the direct payment.”
D on October 6, 2007, the following terms and conditions were written to the Plaintiff (Evidence A 1; hereinafter “instant payment agreement”) and the Defendants and K jointly and severally guaranteed the following obligations:
Pursuant to an agreement with D, the Plaintiff will take over KRW 470,000 ( KRW 470,000) and KRW 330,000 ( KRW 330,000,000) with respect to the transfer of ownership of parcels and parcels of non-party E and non-party F in Gyeonggi-do, and KRW 330,000 ( KRW 0,000).
Therefore, KRW 10,000,000,000,000 of the above amount, shall be paid within one week after the occurrence of bank loans (P.F) and KRW 3,000,000,000,00,000,000,000,00,000,000,000,
Bank loans P. within five months from the date of the agreement under the proviso.