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1. Defendant D and E shall jointly and severally file for the Plaintiff (Counterclaim Defendant) KRW 30,000,000 and Defendant D with regard thereto on February 6, 2015.
Reasons
1. Basic facts
A. On November 12, 2014, the Plaintiffs purchased each real estate listed in the separate sheet (hereinafter “each of the instant land”) from Defendant C, and entered into a sales contract with Defendant C as follows (hereinafter “instant sales contract”). Defendant D and E mediated the conclusion of the instant sales contract.
1) Sales proceeds: The entry in the certificate No. 2 (Real Estate Sales Contract) No. 200 million won stated the sales proceeds as KRW 200 million; however, comprehensively taking account of the overall purport of the pleadings in Eul evidence No. 2 and No. 3 (sales Contract) and witness D’s testimony, the plaintiffs and Defendant C may recognize the fact that: (a) the sales proceeds of each of the of the of the of the of the of the of the of the instant lands are KRW 240 million; (b) Gap, a sales contract for reporting real estate transactions due to tax, etc.; and (c) the sales contract No. 2 (Real Estate Sales Contract), which is a sales contract for reporting real estate transactions due to tax, etc., the sales proceeds are reduced to KRW 200 million. The down payment of KRW 30 million and the intermediate payment of KRW 100 million,000,000,000,000,000 not later than December 1, 2014, the seller shall receive the outstanding ownership transfer of ownership and other public charges.
B. The Plaintiffs paid the down payment of KRW 30 million to Defendant C on the date of conclusion of the instant sales contract.
C. On November 28, 2014, the Plaintiffs sent to Defendant C proof that the instant sales contract was terminated on the grounds that the instant building permit was not permissible on each of the instant land.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 3, and 6, the purport of the whole pleading
2. Determination as to the claim on the principal lawsuit
A. The Plaintiffs asserted as to Defendant C’s primary argument.