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1.(a)
Defendant C and D Co., Ltd., Ltd., and each of them shall be KRW 350,00,000 to Plaintiff A, and KRW 185,00,000 to Plaintiff B, respectively.
Reasons
1. Basic facts
A. The status of the parties (1) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that sells the instant officetel as an executor and a company that sells the instant officetel. Defendant D is jointly with H from March 10, 201 to December 9, 201, and is solely in charge of the representative director of the Defendant Co., Ltd from December 9, 201.
(2) The Plaintiffs are as follows.
A part of the instant officetel shall be purchased in lots as described below, and a person who has paid the sales price shall be entitled to purchase in lots.
(3) Defendant E is a certified judicial scrivener entrusted with the registration of the instant officetel, and Defendant F is a person who works as the chief secretary of the office of Defendant E-certified judicial scrivener.
B. (1) The Defendant Company acquired the ownership of the instant officetel on March 15, 201, and concluded a trust agreement with the K non-Real Estate Trust Co., Ltd. (hereinafter “K non-Real Estate Trust”) on May 25, 201, and completed the registration of ownership transfer under the name of the trust company as the trustee.
(2) According to the above trust contract, the sales of the instant officetel is to be made by cancelling the trust contract only for the households that paid the sales price in full with the account in the name of the trustee, K non-Real Estate Trust, and completing the registration of ownership transfer to the buyer.
C. (1) On September 2, 201, Plaintiff A promised to purchase the instant officetel 1008 (sale price of KRW 316,150,200) and 421 (sale price of KRW 134,784,00) from the Defendant Company, and remitted KRW 150 million out of sale price to the Defendant D’s account, the representative director of the Defendant Company.
(2) However, on July 16, 2012, the instant officetel 421 entered into a modified contract with the following terms, as it was impossible to carry out a partial sales contract due to the completion of ownership transfer registration in the I, etc.
(A) Plaintiff A is the head of the instant officetel 1008.