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1. The Plaintiff:
A. The Defendants are jointly and severally liable for KRW 1,440,00,000 and the Defendants shall be from May 2, 2019 to April 10, 2020.
Reasons
Basic Facts
A. The Plaintiff is a company established for the purpose of real estate development business, etc., and Defendant B (hereinafter “Defendant B”) is a company established for the purpose of building implementation business, etc., and Defendant C is the representative director of Defendant B, and Defendant D is the inside director of Defendant B.
B. On December 27, 2013, the Plaintiff entered into a sales contract with the Korea Land and Housing Corporation (hereinafter “E”), and succeeded to all rights and obligations of E under the said sales contract on April 21, 2014, after entering into a contract with E to purchase the right to sell the instant land (the expected lot number G at the time of the said sales contract; hereinafter “instant land”).
C. On February 23, 2018, the Plaintiff entered into a real estate sales contract with Defendant D and the instant land (hereinafter “instant primary sales contract”) with a real estate purchase price of KRW 10,000,000 (one billion in the contract amount, the intermediate payment of KRW 500,000,000 on the date of the contract, June 15, 2018, and the remainder of KRW 8.5 billion on July 30, 2018) (hereinafter “instant primary sales contract”). From April to June 2018, the Plaintiff entered into a real estate sales contract with Defendant B and D with the terms of transferring the purchaser’s status from Defendant D to Defendant B (hereinafter “instant secondary sales contract”).
The Plaintiff received KRW 8,587,469,408 in total from Defendant D and Defendant B with the purchase price under the instant sales contract (i.e., KRW 500 million paid from April 27, 2018 to June 27, 2018 by Defendant D, ② KRW 500 million paid by Defendant B on ten occasions from April 27, 2018 to June 31, 2018 ③ KRW 5.4 billion with the Plaintiff’s subrogation to Plaintiff H Co., Ltd. ④ KRW 5.488,170,948, which Defendant B paid to the Plaintiff after the said subrogation. ⑤ KRW 699,298,460 paid to the Korea Land and Housing Corporation by Defendant B to Defendant B.
E. On December 17, 2018, the Plaintiff and Defendant B, “Defendant B,” at KRW 1.4 billion, out of the purchase price to be paid to the Plaintiff with respect to the instant land.