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1. On October 6, 2015, Defendant B, Defendant C, and D, respectively, with respect to KRW 47,594,143 and each of the above amounts.
Reasons
1. Basic facts
A. On Nov. 30, 2003, E entered into a sales contract with F on Nov. 30, 2003, stating that “The remainder will be paid in advance if permitted prior to the said period, and the contract for non-permission shall be null and void, and the contract for the use of the road shall be null and void,” as follows: (a) a down payment of KRW 10,000 shall be paid at the time of the contract; (b) an intermediate payment of KRW 50,000,000 shall be paid on Nov. 30, 200; and (c) a balance of KRW 65,00,000 shall be paid on Dec. 30, 2003; and (d) a special agreement entered into that “The remainder would be paid prior to the said period, if permitted prior to the said period, and the contract shall be deemed null and void without the contract for non-permission.”
(hereinafter “instant First Contract”). (b)
With F on May 7, 2004, the Plaintiff entered into a sales contract with F on May 7, 2004, with the content that the purchase price for the land of 140 Y (which was divided into H, I, and J) in the Sungsung City (hereinafter “instant real estate”) shall be KRW 60,000,000, and the down payment shall be KRW 10,000,000 at the time of the contract, and the remainder shall be paid at the time of the contract, and KRW 50,00,000,000, which shall be paid on May 14, 2004 (hereinafter “instant sales contract”); and the terms and conditions of the said contract include the following special agreement:
1. In order to obtain access permission, this contract is to trade the remaining land among the land on which the G owner K obtained the consent for land use. 2. The sale area is agreed to register the parcel number when the road is completed and the parcel number is set on the remaining land (attached to the drawing) out of 2071 square meters (140 square meters). The road shares in this contract shall be calculated at a usual rate when there is an increase or decrease in the area. 3. The road shares in this contract shall be calculated at the ratio of the site area for the access road to the existing section, and all the road construction expenses shall be included in the sale price (including L and the date of permission: January 4, 2004).
(c).
The plaintiff paid to E the amount of KRW 10,000,000 on May 7, 2004, and KRW 48,000,000 on May 14, 2004, and paid to F the amount of KRW 2,00,000 in cash.