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1. All of the plaintiffs' lawsuits against Defendant E, Defendant F, Defendant G, and Defendant H are dismissed.
2. Defendant D.
Reasons
1. Basic facts
A. On February 22, 2002, Defendant G and Defendant H entered into a sales contract with Defendant D and J to sell each real estate listed in the separate sheet (the real estate listed in the separate sheet Nos. 2 and 3 was originally 27976 square meters of forest land I, and as of September 20, 2006, registration conversion and division was made as of September 20, 2006; hereinafter “instant real estate”) KRW 582 million of the purchase price (However, the J entered into a sales contract under the name of K; hereinafter “the primary sales contract”).
Defendant D and J agreed on September 20, 202 to pay all the above purchase price (Defendant D bears KRW 400 million out of the above purchase price, and J bears KRW 182 million, respectively), Defendant G and Defendant H delivered documents necessary for the registration of ownership transfer of the instant real estate to Defendant D and J on November 2002, Defendant D and the J agreed to acquire shares of KRW 10,060/32,182 out of the instant real estate, and the J acquired shares of KRW 100,060/32,182.
B. On April 30, 2002, Defendant D, who entered into the second sale contract, decided to sell 1/2 shares of the instant real estate in the purchase price of KRW 270 million to Plaintiff A and received the purchase price. On June 21, 2002, Defendant D again entered into a sale contract with Plaintiff A to sell only 11,061/32,182 shares of the said land while returning KRW 70 million out of the purchase price. On December 24, 2002, Defendant D concluded a sale contract with Plaintiff B to sell KRW 11,061/32,182 shares of the instant real estate in the purchase price of KRW 21,100,000,000,000 for the same day, and received KRW 17,700,000,000 from the said land.
(hereinafter referred to as Defendant D and Plaintiff A’s revised sales contract and Plaintiff B’s secondary sales contract are combined and “the second sales contract”).
The cancellation of the first sale contract and the third sale contract are concluded, but the procedure of the transfer of ownership from Defendant G, Defendant H to Defendant D and J is delayed, and the land price increases.