beta
Text
1. The Defendants jointly and severally liable to the Plaintiff KRW 161,00,000 and Defendant B from December 1, 2017 to January 5, 2018.
Reasons
1. Basic facts
A. The Plaintiff shared each share of 6612/905 shares out of 9,905 square meters of forest E-si, Sacheon-si (hereinafter “instant land”); and F, of F, 3293/905 shares. The Plaintiff and F, on July 25, 2017, sold the instant land to Defendant B and the instant land at KRW 360 million; however, the Plaintiff and F, on the date of a contract, concluded a sales contract to pay the remainder of 321 million won by September 6, 2017 (hereinafter “instant sales contract”).
B. Defendant B paid the Plaintiff the purchase price in KRW 39 million on July 25, 2017, and KRW 170 million on September 6, 2017. The Plaintiff paid the said money to F with the purchase price equivalent to F’s share in the instant land.
C. On September 6, 2017, Defendant C and D drafted and promised to pay to the Plaintiff KRW 150,000,000,000,000,000 to the Plaintiff by November 30, 2017, plus interest of KRW 1,51,00,000,000.
The Plaintiff and F transferred the instant land to Defendant B, and Defendant B completed the registration of ownership transfer on September 6, 2017 with respect to the instant land based on the instant sale.
【Defendant B: A without dispute, entry of evidence Nos. 1-3, the purport of the entire pleadings, Defendant C, and D: Confession (Article 150(3) and (1) of the Civil Procedure Act)
2. According to the facts found in the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 161 million with the purchase and sale balance or the agreed amount and the amount of KRW 161 million with respect thereto from December 1, 2017 to the service date of a copy of the complaint in this case (Defendant B, January 5, 2018, Defendant C, and D, January 2, 2018) under the Civil Act, 5% per annum under the Civil Act, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
3. Determination as to Defendant B’s assertion
A. The claimed land of this case is growing seedlings and landscape trees owned by G.