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1. Defendant B, C, and D are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 744,921,00 and 444,921.
Reasons
1. Basic facts
A. On July 1, 2005, Defendant B Co., Ltd. (hereinafter “Defendant B”) is the representative director of Defendant B, who is an employee of Defendant B, and is a corporation established for the purpose of real estate consulting business. K is the representative director of Defendant B on October 31, 2006. K and Defendant D are the actual operators of Defendant B.
On November 27, 2006, K and Defendant D established Defendant C Co., Ltd. (hereinafter “Defendant C”), entered L, which was an employee of Defendant B, in the corporate register as representative director, and Defendant C also operated by Defendant C and Defendant D, and L retired from Defendant B around May 2007.
B. On November 7, 2006, the Plaintiff sold to Defendant B the purchase price of KRW 73,861 square meters in Man-si, Namyang-si (hereinafter “instant land before co-owned property partition”), KRW 4,155 square meters prior to I (hereinafter “instant land”), and KRW 628 square meters prior to N. 628 square meters (hereinafter “N land”). On November 21, 2006, the Plaintiff sold the down payment of KRW 120 million on the date of the said contract; the first intermediate payment of KRW 50 million on November 21, 2006; the second intermediate payment of KRW 60 million on December 5, 2006; and the remainder of KRW 1 billion on December 21, 2006, respectively.
(2) On November 22, 2006, Defendant B paid the Plaintiff the said down payment of KRW 120 million, and KRW 365 million as part of the part of the said intermediate payment.
C. On December 6, 2006, upon Defendant B’s request, the Plaintiff completed the registration of ownership transfer with respect to 33,058 shares (10,000 shares) in the land prior to the partition of co-owned property in this case, and made a registration of ownership creation with respect to the said shares at the Plaintiff’s creditor and the maximum debt amount. Defendant C agreed to sell the said part of the forest by dividing it to the Plaintiff, and pay the remaining proceeds after deducting the minimum cost of 15,000 won per square day from the proceeds therefrom.
Defendant D has the name of the buyer of the agreement drawn up pursuant to the above agreement.