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1. The Defendants jointly share KRW 650,000,000 with respect to the Plaintiff and 5% per annum from April 11, 2017 to July 14, 2017.
Reasons
1. Basic facts
A. On August 18, 2008, the Defendants: (a) sold G forest 482,968§³ to F for KRW 3.2 billion; (b) received down payment of KRW 320 million on the date of the contract; and (c) concluded a sales contract between the Defendants and F for the intermediate payment of KRW 1.3 billion until December 8, 2008 and KRW 1.58 billion until April 9, 2009 with the remainder of KRW 1.5 billion.
(2) Since then, in order to receive the purchase price from F in 2009, the Defendants prepared a power of attorney to delegate F with all relevant powers, such as the conclusion of a contract, receipt of the transaction price, registration, etc. relating to G forest sales contract.
B. On January 20, 2009, the Plaintiff entered into a contract with F to purchase KRW 250 million of 1,000 square meters of 1,484 square meters in Namyang-si, Namyang-si, the said G, and 6,268 square meters in amount to KRW 200,000,000 among 6,268 square meters before J.
(2) On March 18, 2010, the Plaintiff concluded a sales contract with F on March 18, 2010, to purchase KRW 500 of G forest land and KRW 180 of the ground buildings at KRW 100,000,000, and to pay the down payment at KRW 100,000 on the date of the contract. On June 22, 2010, an intermediate payment of KRW 587,000,000 and KRW 313,000,000,000,000,000 won, respectively (hereinafter “instant sales contract”).
(3) Part of G forest land 482,968 square meters in Nam-si, Namyang-si was divided and combined, and thus H forest land 140,233 square meters in Namyang-si.
(4) On January 20, 2013, when the instant sales contract was not implemented, the Plaintiff changed the instant sales contract into the sales contract under which: (a) the Plaintiff purchased KRW 5,200,00 square meters of H 140,233 square meters of forest land in Namyang-si, Nam-si; and (b) 6,268 square meters prior to JJ (hereinafter “the subject matter of the instant sales”); and (c) the Plaintiff would receive KRW 500,000 from the seller’s negligence on the part of the seller due to delayed transfer of ownership (hereinafter “the instant sales contract”).
(5) The Plaintiff on January 1, 2009 to F as the purchase price.