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1. The judgment of the first instance against the Defendants shall be revoked.
2. The Defendants are jointly and severally with the Co-Defendant F Co-Defendant F in the first instance trial.
Reasons
1. The facts of the claim (1) were based on the joint ownership of 16,463 square meters in Pyeongtaek-si G 16,463 square meters (the Defendants were corrected into 16,130 square meters in May 10, 207, and were converted into 16,126 square meters in H forest and 16,126 square meters in May 25, 2007) and 16,463 square meters in N-si (the Defendants jointly owned 1/22, 3306/32926, 6612/6/32926, and 6545/32926 of the Defendants’ co-ownership shares in the forest and forest in the above 2 lots are identical), and the above G (H) forest was divided into several parcels later.
Defendant C, D, and E are still simplified, and Defendant B is one of them.
(2) Around August 2006, Defendant C, D, and E provided their respective shares in each of the above forest land to L Co., Ltd. (hereinafter “L”) operated by M (hereinafter “L”), and L entered into a “real estate business service contract”, which is a substantial business agreement with the said Defendants to develop and sell each of the above forest land with their own funds as a unit housing site, and to distribute and pay a total of at least KRW 1.5 billion to the said Defendants.
(3) Defendant E, as the above Defendants, agreed to develop and sell the above forest land as well as to sell it, and on September 4, 2006, the above Defendant offered his share to each of the above forest land and sold L to others. If the sale is made, the above Defendant shall complete the registration of ownership transfer of the land to the buyer, but M and L jointly agreed to pay the above amount of KRW 2.2 billion to the above Defendant.
(A) On June 13, 2007, the Defendants and L/F Co., Ltd. (hereinafter “AF”) agreed to develop and sell each of the above forests and fields in lieu of L by the actual succession of rights and obligations of L by the AF to L, on or after June 13, 2007.
(5) AF is to develop the above forest land by dividing it over three occasions, and the first time around January 2008.