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1. Defendant C’s KRW 75,00,000 and the Plaintiff’s annual rate of KRW 5% from May 26, 2014 to May 14, 2015.
Reasons
1. Facts of recognition;
A. The non-party D Co., Ltd. (hereinafter referred to as the "non-party D") acquired forest land E- 105,124 square meters (hereinafter referred to as the "the forest of this case") in Ycheon-do, Gangwon-do, and changed the land category of the forest of this case to a "site" where the building of a unit of a unit of a house can be constructed, and divided into approximately 150 lots (see the evidence A-2 provisional division). The non-party D (hereinafter referred to as the "non-party D") operated the so-called "real estate planning business" in the form of selling lots of land by recruiting buyers through the employees, and the defendant B was in charge of educating the sales members of this company while holding office as the former office of the non-party company.
B. On January 20, 2010, Defendant B sold 827/107 shares out of the forest of this case from the non-party Company (hereinafter “share subject to the sale of this case”) in the name of Defendant C, one of the children, and completed the registration of transfer of shares.
(A) No. 2, No. 71, the priority number on the registry of evidence 2).
F around September 2010, the Plaintiff’s mother G visited the non-party company in order to meet the F, which was known to the usual level around November 201, and received the Defendant B from F.
Defendant B solicited Defendant B to purchase the share subject to the instant purchase, and that G indicated that Defendant B would purchase the share subject to the instant purchase for the Plaintiff, who is an infant, and concluded a sales contract with Defendant B, who represented Defendant C, the nominal owner of the share subject to the instant purchase, by setting the sales amount of KRW 75,00,000 with respect to the share subject to the instant purchase (hereinafter “instant sales contract”).
E. G paid the full amount of KRW 75,000,000 from February 9, 2012, including the transfer of KRW 6 million to Defendant B around November 29, 201.
F. After that, G and Defendant B as of December 1, 201, the purchaser of the instant shares subject to the instant purchase and sale is the Plaintiff, who is G’s son.