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1. The Defendants are jointly and severally liable to the Plaintiff for 10,92,638 won and 5% per annum from January 30, 2013 to September 13, 2013.
Reasons
1. Facts of recognition;
A. On December 24, 2009, the Plaintiff: (a) viewed that the instant forest owned by Defendant B was fit as a new temple site in the land where the inspection can be newly built in the Mancheon-gun, Mancheon-gun, D, 2009; (b) heard from the Defendants that the said E forest land was fit as a new temple site; (c) on December 24, 2009, the Plaintiff paid KRW 332,450,000 [20,000,000 on the date of the contract, intermediate payment of KRW 130,00,000 on the date of the intermediate payment, the remainder of KRW 182,450,000 on December 28, 2009, and KRW 182,450,000 after January 29, 200 (in the case of the instant forest, the remainder shall be paid to the Plaintiff and the Defendant under the agreement on December 19, 2009).
) A contract to purchase (hereinafter “instant sales contract”) was concluded.
B. At the time of the instant sales contract, the Defendants: “The category of land has been changed so that roads can be constructed in the instant forest, and the entire forest area of the instant forest can be constructed as a temple even in the case of the temple site, and the trees for which the permit for planting trees has been obtained have been changed rapidly, and various authorization and permission procedures necessary for the construction of the temple shall also be responsible for and resolved in advance.”
However, in fact, the Defendants did not obtain the permission of timbering with respect to the forest of this case, and the roads developed in the vicinity of the forest of this case were created individually by Nonparty G and did not have obtained the permission, and Defendant B did not own the entire portion of the forest of this case planned by the Plaintiff as the temple Troop site.
C. On December 24, 2009, the Plaintiff paid the down payment of KRW 20,000,000 to Defendant B. On December 29, 2009, the Plaintiff transferred KRW 100,000,000 to Defendant B, instead of paying the intermediate payment of KRW 100,000,000, out of intermediate payment, under the name of Defendant B’s repayment of loans to Defendant B’s non-party Y-gun Forestry Cooperatives, in lieu of paying KRW 100,00,00,000 from intermediate payment, and the establishment registration of a neighboring forest in the name of