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1. The Defendants jointly share KRW 20,000,000 to the Plaintiff and Defendant B with respect thereto from September 21, 2017, and Defendant C.
Reasons
1. Facts of recognition;
A. On December 9, 2016, the Plaintiff and D (hereinafter “Plaintiff, etc.”) transferred the right to the Plaintiff, etc. and E (hereinafter “Defendant, etc.”) on December 2, 2016, and concluded an exchange value of KRW 660m2, G forest, 157m2, H forest, and 551m2 (hereinafter collectively referred to as “Iluri Real Estate”), among the shares in Defendant B, J. J. of Gangwon-gun, Gangwon-do, J. of Gangwon-do, and KRW 3,306m2, among the shares of Defendant C, and KRW 1,653m2, among the shares of the Plaintiff, etc., and KRW 50,000 (hereinafter referred to as “O”, KRW 510,000,000,000,000,000) and paid the remainder of the exchange value to the Plaintiff, etc. under a contract for exchange of KRW 300,00,000 on the date of exchange (hereinafter referred to as “the contract”).
B. On December 22, 2016, the Defendants: (a) filed a provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) with P on the Suwon District Court’s receipt of the Yangyang District Court registry office under Article 57798; and (b) filed a provisional registration of ownership transfer (hereinafter “instant ownership transfer registration”) on February 12, 2018, with respect to Q2,317 square meters of forest land in Gyeonggi-si, Gyeonggi-do.
On the other hand, on December 23, 2016, Defendant B filed a provisional injunction registration (hereinafter “instant provisional injunction registration”) with respect to each of Defendant B’s share of 1/2, with respect to 1,157 square meters in G forest land and H forest land and 551 square meters in Gyeonggi-gu.
C. On March 15, 2017, the Plaintiff sent to the Defendants content-certified mail to the effect that “The Plaintiff extended the remainder to February 6, 2017 due to the termination of the collateral security but did not perform the instant exchange contract by February 6, 2017.”
(Plaintiff) was delegated by D with all the powers relating to the instant exchange contract. (D)
The Defendants shall make the instant provisional registration by February 6, 2017, as agreed with the Plaintiff.