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1. The Defendants are jointly and severally and severally liable to Plaintiff B for KRW 32,864,515 and the period from February 14, 2014 to August 25, 2016.
Reasons
1. Basic facts
A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a stock company with the purpose of interior decoration business, etc. The Plaintiff Co., Ltd. is a person who sells new buildings. Defendant C is divided into 920 square meters in Gucheon-si E (25, Sept. 25, 2013; 343 square meters in Gucheon-si, E-si, 343 square meters in Gucheon-si, 577 square meters in Gucheon-si, and 343 square meters in Gucheon-si, E-si, 343 square meters in land category was changed on September 27, 2013; hereinafter “instant land”). Defendant D is co-owners with the share of 827/3, and 396 square meters in the instant land.
B. The Defendants entered into a housing construction business agreement between the Defendants and G and their business registration number 1) between G on September 8, 2009, and the Defendants sold the instant land in KRW 3 billion to G. However, G is a business agreement between the owner of the building to construct a multi-household house on the said land at his own expense by designating the Defendants as the owner of the building and pay the said purchase price with the sale price (hereinafter “instant business agreement”).
(2) Around February 11, 2010, the Defendants were obligated to pay transfer income tax when the Defendants received the sales amount for the instant land from G for the implementation of the instant business agreement and the reduction of taxes. However, the Defendants tried to reduce taxes by means of having a type of construction of multi-household housing on the instant land and having an external business income tax borne by the Defendants. H was jointly registered as a trade name.
C. On July 15, 2010, G had the contracting owner as the Defendants as to July 15, 2010, G is the fourth floor building on the instant land between the Plaintiff and G (hereinafter “instant building”).
As to the contract for the sale of buildings in units (hereinafter referred to as the “contract for the sale of buildings in units”) as follows:
(A) The term of validity of this Agreement is as follows. From July 15, 2010, the term of validity of this Agreement is as follows: