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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 94,50,000 and KRW 19,500,000 among them, from July 17, 2012, and KRW 16,66.
Reasons
1. Basic facts
A. Defendant B was the member of the clan E (hereinafter “the member of the clan”) until February 2004.
B. Defendant B was not the representative of the clan at the time of January 14, 2008 with respect to the land of this case, which was registered in the name of the clan, and was not entrusted by the clan with the right to sell the said land, but entered into a sales contract of KRW 150,00,000 with respect to the land of this case with G and completed the registration of ownership transfer on February 27, 2008 at the request of G.
C. After that, since Defendant B was not the representative of the clan but was not authorized to sell the instant land from the clan, the registration of transfer of ownership was completed under H’s name and filed a lawsuit against H seeking cancellation of the registration of transfer of ownership, claiming that the registration of transfer of ownership was null and void (No. 2008Gada57401), and the judgment was rendered in favor of H on September 16, 2009 (No. 2008Gadada57401), as the appeal and appeal by H were dismissed, the above judgment became final and conclusive, and the registration of transfer of ownership was cancelled in accordance with
The plaintiff, who was delegated by H with the authority to sell the land of this case by the lawful representative of the clan, was aware that G had been legally appointed as the new representative of the clan, and he dealt with all the affairs necessary for the purchase of the land of this case. When H was unable to acquire the ownership of the land of this case due to the loss of H on October 17, 2008 between the clan and H, which was in the process of the above lawsuit between H and H, it agreed that H was responsible for the portion of the 375,000,000 won paid with the purchase price, which was not received from the Defendants. On April 13, 2010, H was issued a promissory note with the face value of KRW 375,000,000, which was issued to H on April 13, 2010, and it delayed the payment of the said bill to the holder of the bill of this case on April 14, 201.