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1. Defendants B and C jointly and severally with the Plaintiff KRW 80,000,000, and Defendant C with respect thereto from May 31, 2018, and Defendant B.
Reasons
Facts of recognition
The plaintiff is a company that operates the real estate leasing and selling business, etc., and the defendant B and C is a couple who operates the real estate brokerage business, and the defendant D is the father of the defendant C.
On March 21, 2012, the Plaintiff, on March 21, 2012, agreed to sell approximately KRW 340 million out of KRW 140 million among the Do, Gun’s name is omitted, and the Do, Gun’s name is specified as “F parcel number” at KRW 140 million to Defendant C and B on March 21, 2012, and the Plaintiff agreed to obtain KRW 80 million on March 21, 201 to “after the Plaintiff completed the opening of the access road.”
(hereinafter “instant sales contract”). Defendant C and B paid the Plaintiff the down payment of KRW 60 million on the day of the contract.
Before the division, 1,322 square meters of E forest was divided into G forest on March 23, 2012.
On August 31, 2012, the Plaintiff completed the registration of ownership transfer with respect to shares 1,124/1,32 of G forest land to Defendant B according to the instant sales contract.
On October 2016, the Plaintiff completed the opening of access roads to G forest, which is a condition for the payment of the purchase balance under the instant sales contract.
On June 1, 2012, the Plaintiff, on June 1, 2012, agreed with Defendant C and B on June 1, 2012, to sell KRW 686 square meters out of 788 square meters of H forest land before subdivision, and KRW 14 million out of 373 square meters of I forest land before subdivision, to Defendant C and B, and to obtain down payment of KRW 10 million on the date of the contract, and the remainder of KRW 40 million on the date of the contract, and the construction permission was in default.
(hereinafter “the instant secondary sales contract”). Defendant C and B paid the down payment of KRW 10 million to the Plaintiff on the day of the contract.
Meanwhile, among the buyers of the instant sales contract, Defendant B changed to Defendant D on June 23, 2012.
On June 27, 2012, according to the instant sales contract, the Plaintiff completed each registration for the transfer of ownership with respect to shares of 686/73 of H forest land before division and shares of 140/373 of I forest land before division to Defendant D.
The forest land H 788 square meters prior to the division shall be July 2016.