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1. The Plaintiff, Defendant B, and E, Defendant F, and G, jointly and severally with Defendant E, KRW 130,340,554, and the above amount, 92,483.
Reasons
1. Basic facts
A. Defendant B requested H around early 2007 to purchase or mediate the land of this case (hereinafter “instant land”) which was registered in the name of the Class I (hereinafter “the paper”). The Plaintiff, while coloring the land to be transferred to his factory, delegated H on May 23, 2007 all of his/her authority on the purchase of the instant land.
B. K and L, the general secretary of a clan, who were proposed by Defendant B to sell the instant land, received the appraisal of the market price of the instant land from neighboring community credit cooperatives, and held two times, but the resolution was passed at an open general meeting on November 14, 2007 to not sell the instant land, and K, etc. notified Defendant B of the same fact.
C. However, on June 20, 2007, Defendant B already received 30,000,000 won as the down payment for the sales contract for the instant land from H, and then issued and delivered a receipt stating himself as the representative of the clan to H. Accordingly, H on September 3, 2007, on behalf of L who is indicated as the representative of the clan, entered into a sales contract with the Plaintiff as the intermediate payment of KRW 400,000,000 (the down payment of KRW 40,000,000, the intermediate payment of KRW 160,000,000, the remainder payment of KRW 200,000,000) and received KRW 40,000 from the Plaintiff.
After concluding a sales contract with Defendant E, who representing a clan on January 14, 2008, to purchase the instant land from KRW 150,000,000,000, Defendant B demanded H to transfer KRW 30,000 to Defendant E, 130,000,000, and again H demanded the Plaintiff to transfer money.
Accordingly, on January 15, 2008, the Plaintiff remitted each of the above money to Defendant E and B.
E. Meanwhile, Defendant E appoints Defendant E as the president of the clan at the special general meeting of the clan, and Defendant E with all the authority concerning the sale and purchase of the instant land.