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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 190,000,00 and Defendant B from August 26, 2013 to February 7, 2020.
Reasons
1. Basic facts
A. On May 30, 201, the Defendants entered into a sales contract with Defendant C in the name of Defendant C with respect to the purchase price of KRW 30,000,000 with respect to the G site and building on land (hereinafter “instant real estate”) owned by the said minors, a person with parental authority, who is a minor D or E’s legal representative, in the name of Defendant C, and completed the registration for the transfer of ownership (hereinafter “registration for the transfer of ownership”).
B. On May 18, 2012, D filed a lawsuit against Defendant C to seek invalidation of the above sales contract and to cancel the registration of the transfer of ownership of this case as Suwon District Court Branch Branching 2012Ga 66000. The Defendants did not notify such fact on August 22, 2013 and sold the instant real estate to the Plaintiff with KRW 190 million and completed the registration of the transfer of ownership on August 26, 2013.
(c)
D was lost at the first instance court on July 22, 2014, but the appellate court rendered a judgment ordering Defendant C to cancel the registration of transfer of ownership of this case on the ground that F’s registration of transfer of ownership of this case was null and void on the ground of F’s abuse of parental authority. Although Defendant C was standing, the appeal by Defendant C was dismissed on June 2015, and the judgment of the appellate court became final and conclusive.
(d)
On the other hand, on September 16, 2013, D filed a lawsuit against the Plaintiff for the cancellation of the registration of transfer of ownership on the ground that the registration of transfer of the Plaintiff’s name was null and void. On the other hand, D’s winning judgment was finalized on April 9, 2020.
E. On March 2, 2020, the Plaintiff filed a complaint against the Defendants in fraud, and the Defendants were prosecuted. On February 2, 2021, the Defendants stated that “The Defendants concealed the fact that D filed a lawsuit for cancellation of ownership transfer registration against the instant real estate and caused damage to the Plaintiff by selling the instant real estate to the Plaintiff.”