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1. The Plaintiff:
A. Defendant D’s KRW 250,000,000 as well as 5% per annum from January 31, 201 to July 27, 2014;
Reasons
1. As to the claim against the defendant B and C
A. On December 20, 2010, the Plaintiff entered into a contract with the head of Defendant C’s clan (hereinafter “instant contract”) to pay KRW 100 million to the Defendant clan on January 31, 201 (hereinafter “instant contract”). On January 31, 2011, the Plaintiff paid KRW 250 million to the Defendant’s clan (hereinafter “instant land”) and KRW 100 million, a down payment of KRW 50 million and an intermediate payment of KRW 100 million to the Plaintiff, the Defendant’s clan, and the Defendant D, by arranging the obligation and obligation between the Plaintiff and the Defendant’s clan, and paid KRW 100 million to the Defendant’s clan on January 31, 2011.
On April 15, 2011, the Plaintiff filed a lawsuit against the Defendant clan seeking the registration of ownership transfer on the instant land based on the instant sales contract, and on November 22, 2012, from which the appellate court (Korean Government District Court 2012Na571) rendered a judgment dismissing the Plaintiff’s claim on the grounds that the instant sales contract was null and void because it did not undergo a resolution of the general assembly of the Defendant clan, and the Plaintiff’s appeal (Supreme Court 2012Da119634) was dismissed on August 23, 2013, but the said judgment became final and conclusive.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 2-4 through 9, 13, 14, and 17, and the purport of the whole pleadings
B. The fact that Defendant B’s liability for damages incurred was concluded without Defendant B’s lawful resolution by the Defendant clan, and the fact that the Plaintiff was not subject to transfer of ownership on the instant land due to the invalidity of the instant sales contract, as seen earlier, constitutes a tort against the Plaintiff, and Defendant B is liable to compensate for the damages incurred by the Plaintiff.
As to this, Defendant B is the representative of the Defendant clan, the duty of care to be borne by Defendant B is merely against the Defendant clan, not against the Plaintiff, and thus, it is necessary to conclude the instant sales contract.