beta
Text
1. The Defendants jointly share KRW 60,450,000 with respect to the Plaintiff and the period from March 6, 2019 to February 7, 2020.
Reasons
1. Facts of recognition;
A. 10,601 square meters of D forest land in Jinjin-si (hereinafter “instant forest”) was owned by E. As a result, E died on February 4, 201, Defendant B 3/20, Defendant C and F, G, and H jointly inherited shares of 2/20.
B. On September 2014, the Defendants concluded a sales contract (hereinafter “instant sales contract”) with I, the Plaintiff’s agent, to sell the instant forest land to the Plaintiff at KRW 256,80,000 (the purchase price of KRW 15,00,000 is KRW 241,80,000 with the cost of relocation of oxygen).
C. On September 19, 2014, the Plaintiff paid the Defendants KRW 256,800,000 as above, and completed the registration of ownership transfer for the instant forest land based on the said sale.
However, while F, a co-owner of the instant forest land, was receiving medical treatment by suffering heat stuffing pictures around October 20, 2013, around November 11, 2013, and was in the state of being unable to recognize things or make decisions at the level close to the mixed status at the time of entering into the instant sales contract and thereafter thereafter, the Defendants did not have been entrusted by F with the sale of the instant forest land.
E. Since F purchased the instant forest land from the Defendants, which was not delegated by F, the Plaintiff asserted that the registration of transfer of ownership in the Plaintiff’s name as to F shares out of the said forest land is null and void, and that F was rendered a favorable judgment on May 12, 2017 by filing a lawsuit seeking the cancellation thereof (the Jeonju District Court 2015No32624).
Accordingly, the Plaintiff appealed (the Jeonju District Court 2017Na5511) and the appeal was dismissed on July 6, 2018, and the judgment became final and conclusive around that time.
F. Accordingly, the Plaintiff conspired to the Defendants and received the delegation from F with respect to the sale, thereby making it false to the I.