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1. The part against C among the judgment of the court of first instance is revoked, and the plaintiffs corresponding to the revoked part are above.
Reasons
1. Basic facts
A. Defendant E (1) from F on August 29, 2005 to Pyeongtaek-si G forest (1,445 square meters; hereinafter “the instant forest”) 4,776 square meters (1,445 square meters; hereinafter “the instant forest”).
2) The sales contract for the instant case was purchased for KRW 867 billion (hereinafter “instant case sales contract”).
330 million won out of the above sales amount (550 square meters) to F. After that, Defendant E is the amount equivalent to 550 square meters.
(2) On March 7, 2006, Defendant D sold 145 square meters out of the forest land of this case to Plaintiff B and received KRW 100 million on the same day.
(However, the sales contract is executed as of February 2, 2006) Defendant D and E, March 17, 2006, as of March 17, 2006, KRW 537 million (895 square meters).
(4) On June 26, 2006, Defendant E sold 50 square meters out of the forest land of this case to Plaintiff A for KRW 367,500,000,000, and received the full amount of the purchase price until August 11, 2006.
5) After that, Plaintiff A, B, Defendant C, D, and L completed the registration of transfer of ownership on the forest of this case in the future of Defendant C, and the Plaintiff A owned the shares on the forest of this case in the proportion of 38% for Plaintiff B, 10% for Plaintiff C, 23.16% for Defendant C, 15% for Defendant D, and 13.84% for L, respectively, and agreed to distribute profits according to the said share ratio for the resale of the forest of this case (hereinafter “instant agreement”).
However, the actual defendant C is to lend the name of the defendant and, in return, to receive 10% shares in the forest of this case (in this forum, the reasons why the above defendant's shares are stated as 23.16% are unclear).
(6) Defendant C paid a sum of KRW 25,860,90 with the registration fees, etc. for the instant forest, and requested the Plaintiffs to pay money equivalent to each of the above shares of the Plaintiffs (Plaintiff A9,826,800, Plaintiff B2,586,000). Plaintiff A paid a sum of KRW 9,826,800 to the above Defendant on August 15, 2006, and Plaintiff B.