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1. In accordance with the main claim that has been changed in exchange at the trial, the defendant shall be 250,000,000 won from the plaintiff and this shall apply.
Reasons
1. Basic facts
A. The Plaintiff recommended the Defendant, C, and D (hereinafter referred to as the “Defendant, etc.”) to purchase the instant land from the Korea glass Industry Co., Ltd., and the Defendant, etc. consented thereto.
Accordingly, the Plaintiff, Defendant, etc. purchased the instant land in KRW 1,00,000,00, and the share ratio thereof shall be Plaintiff 3/5 and Defendant, etc. 2/5, but the ownership transfer registration as to the shares of the Defendant, etc. was agreed to be made in the name of the Defendant.
B. On June 27, 2003, the Plaintiff entered into a sales contract on the instant land with the Korea glass Industry Co., Ltd. (hereinafter “Korea glass Industry”). On August 12, 2003, the Plaintiff received from the Defendant the amount of KRW 30,00,000,000 from the Defendant, August 13, 2003, KRW 96,00,000,000, KRW 57,334,000 on August 13, 2003, and KRW 57,34,000 on August 18, 2003, and KRW 400,00 on August 13, 2003, and paid it to the Korea glass Industry.
C. On October 10, 2003, on the grounds of sale and purchase on June 27, 2003, the Korea Dairy Industries completed each registration of ownership transfer in the name of the Plaintiff with respect to each of 3/5 shares of the instant land (hereinafter “Plaintiff shares”) and 2/5 shares of the instant land (hereinafter “Defendant shares”) in the name of the Defendant, respectively, among the instant land.
On October 24, 2003, the Plaintiff borrowed KRW 300,000,00 from Han Bank Co., Ltd. (hereinafter “One Bank”). In order to secure the above loan obligations, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to the whole land of this case as the maximum debt amount, the obligor, and the Plaintiff-mortgage-mortgage-backed one bank, with the consent of the Defendant, etc. on the same day.
E. Afterward, the Defendant et al. stated that the purchase price of the instant land was not KRW 1,00,000,000, which was presented by the Plaintiff, but is merely KRW 400,000 paid to the Plaintiff by the Defendant et al., and the Plaintiff’s share was KRW 460,000 among the Defendant et al. on October 29, 2003.