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1. The Defendants are jointly and severally liable to the Plaintiff for 81,941,200 won and 5% per annum from April 1, 2011 to November 24, 2016.
Reasons
1. Basic facts
A. On December 23, 2004, the Plaintiff entered into a contract to sell land of 119 square meters, etc. to Defendant B’s clan (hereinafter “Defendant clan”) (hereinafter “instant contract”) on the following grounds: (a) the said contract was set at KRW 1,415,00,000 for total 16 parcels of land including land owned by the Plaintiff, G and H, in addition to land owned by the Plaintiff; and (b) the down payment is KRW 140,00,000 for intermediate payments, KRW 875,00,000 for intermediate payments, and KRW 400,000 for remainder payments.
On the other hand, the above sales contract does not distinguish between the price for the land owned by the plaintiff and the price for the land owned by a third party, and the plaintiff seems to have a right to receive the price for the entire price. The defendants are not dissatisfied with this, and the above decision is based on the premise.
On January 21, 2005, when the Plaintiff did not receive any balance of KRW 100,000,000, the Plaintiff completed the registration of ownership transfer on the remainder of the land excluding 404 square meters (hereinafter “instant land”) owned by the voice group in the said land.
B. The plaintiff filed an application for provisional attachment of the land, etc. located in the Cheongju District Court (2005Kahap277) with the Cheongju District Court for the provisional attachment of the land, etc. located in the voice-gun of Chungcheongnambuk-gun (hereinafter "provisional attachment of this case") since it was not paid the balance of the sales contract of this case from the defendant clan. The provisional attachment was ordered on November 21, 200
C. At the time of March 23, 2010, the Plaintiff, as the representative of the Defendant clan, made the instant provisional attachment against the remainder of KRW 100,000,000, which was unpaid in connection with the instant sales contract, by the end of March 201, the Plaintiff would pay KRW 100,000 by the end of March 201 on the condition that it terminated the provisional attachment. In this case, the Plaintiff would not only be the representative of the Plaintiff clan, but also be individually and severally liable for a civil or criminal liability. The purchase of one parcel owned by the military would be paid three times the officially announced value at that time.