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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,00,000 and the Defendants B from June 29, 2007 to July 7, 2014.
Reasons
1. The following facts are based on the following facts: (a) the Plaintiff and the Defendants do not dispute each other; (b) evidence Nos. 1 through 3; and (c) evidence No. 13; and (c) the purport of the entire pleadings.
With respect to each land of 3,087.4m2 and F 267.1m2 (hereinafter “each land of this case”) in Yeongdeungpo-gu Seoul Metropolitan Government, Defendant B was registered as the equity right holder, Defendant D, and C, respectively, as the equity right holder of 75/9, 9181.9m2, and Defendant B was registered as the equity right holder of 3.23094m2.7m2, 131.7m2, Defendant C, and D, respectively, under title trust with Nonparty B, H, I, J, K, and L, respectively.
B. On June 28, 2007, the Plaintiff concluded a contract with the Defendants’ agent Nonparty M to sell the Defendants’ share (including the shares in title trust) of each of the instant land to the Plaintiff (hereinafter “instant sales contract”) and set down the down payment at KRW 35 million. The Plaintiff transferred KRW 35 million to the account in M’s name on the same day.
C. Around April 7, 2010, the Plaintiff expressed his intent to pay each balance to Defendant B and his agent M, and requested the transfer of ownership at the same time on or after the 26th day of the same month.
On March 23, 2012, Defendant B issued the registration of transfer of shares (75/91.9) registered with respect to each of the instant real estates to Nonparty B, and Defendant C and D issued the registration of the right to claim transfer of the entire shares (50/9.9) registered with respect to each of the instant real estates on May 11, 2012.
E. On August 21, 2014, the Defendants: (a) filed a share transfer registration following the termination of the title trust with respect to the said shares; (b) Defendant C and D, with respect to the said shares transferred upon the termination of the title trust; and (c) Defendant C and D, with respect to all the shares registered as above and the shares transferred upon the termination of the title trust, respectively, on September 11, 2014.