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1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. The Defendants shall jointly and severally file with the Plaintiff 30,000.
Reasons
1.The following facts of recognition may be found either in dispute between the parties or in combination with the whole purport of the pleadings set forth in Gap evidence Nos. 1, 2, 4 through 8, 11, 12, 14, 17, 18 (including the serial number; hereinafter the same shall apply) and Eul evidence No. 3:
Defendant B is the actual operator of Defendant D Limited Liability Company (hereinafter “D”) and Limited Liability Company E (hereinafter “E”), and Defendant C was registered as the spouse of Defendant B from August 12, 2016 to the director of Defendant D and Defendant E, respectively, and was registered as the manager of Defendant E from April 11, 2013 to August 12, 2016.
From September 6, 2011 to August 12, 2016, Defendant F was registered as Defendant D’s director, and the network G (hereinafter “the network”) was registered as Defendant E’s director until August 12, 2016.
B. On September 23, 201, the Plaintiff, on September 23, 201, issued to Defendant D a written agreement on the sale of real estate with the content that the Plaintiff shall enter into the contract on October 10, 201, on the purchase price of KRW 1.35 billion with the content that the Plaintiff shall sell the pertinent land at KRW 979 square meters, KRW 2360 square meters prior to I, J forest, KRW 12,890 square meters, and KRW 281 square meters in K (hereinafter referred to as “instant land”).
The plaintiff's agent stated L/C's agent as Defendant B.
C. On October 10, 201, the Plaintiff: (a) sold the instant land and the instant building (hereinafter “instant building”; and (b) the instant land together with the instant land at issue as KRW 1.355 billion; and (c) sold the instant real estate at KRW 50 million, and the down payment at KRW 500 million (hereinafter “instant sales contract”); and (d) the key contents of the contract made in relation to the instant sales contract are as follows.
1. In the conclusion of this contract, KRW 50 million out of the purchase price shall be paid at the time of the conclusion of the contract, and KRW 50 million shall be paid within 8 months from the date of the contract, and the remainder of KRW 350 million shall be paid within 2 weeks from the date of approval of the new apartment construction project.