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1. Among the instant lawsuits, the primary and conjunctive claims against Defendant B and Defendant E.
Reasons
1. Basic facts
A. On October 6, 2010, Defendant D and B, under the arbitration of the Plaintiff, was divided into the land under Defendant B’s name (J, H, K), and the land under Defendant D’s name [the land included in each of the instant land (255 square meters out of the N land) was divided into the land on February 18, 201, and the land under each of the instant land.
[) The Defendant B entered into an exchange contract with Defendant D to pay the difference of KRW 1 billion (100 million in contract amount, intermediate payment of KRW 100 million, and KRW 800 million in balance) depending on the area difference. The Plaintiff paid the said down payment to Defendant B on behalf of Defendant B.
B. On May 19, 201, Defendant D and B concluded a contract to exchange each of the instant lands owned by Defendant B with J, K and the Defendant D (hereinafter “instant exchange contract”), and on May 24, 2011, each of the instant lands was registered on the grounds of the instant exchange contract.
C. On the other hand, on November 29, 2010, the Plaintiff and Defendant B entered into a joint business contract to newly construct and sell housing on 12 lots including each of the instant land (hereinafter “instant project site”) (hereinafter “instant joint business contract”), and the specific contents are as follows.
Article 2 (Business Outline) Project Name: A new project site for the construction of a P building: Gyeonggi-gun Q and 11 parcel: A 2nd underground level or 4th unit or above ground level, and Article 4 (Land Price and Method of Payment) of other ancillary facilities (Land Price and Method of Payment) ① The appraised value of the land owned by the Defendant B shall be the total amount of KRW 6 billion, and the taxes shall be borne by the Plaintiff and the corporation established by the Defendant B.
(2) The appraised value of land shall be paid separately from the purchase price of land and business profits.
(3) The land purchase and sale amount shall be determined within the minimum limit of 2.5 billion won in consideration of capital gains tax and registration tax.
(4) In principle, the purchase price of land (it shall be deemed 2.5 billion won, notwithstanding the book value) shall be paid in preference to other obligations.
(5) Land;