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1.(a)
Defendant D Co., Ltd. shall pay KRW 120,000,000 to Plaintiff A, and KRW 30,000,000 to Plaintiff B, and each of them.
Reasons
1. Basic facts
A. On September 25, 2006, the Plaintiffs decided to make an investment in the purchase and operation of the Plaintiff D Co., Ltd. (hereinafter “Defendant D”) and the Plaintiff B paid KRW 120,000,000 to Defendant D and E, etc. on the grounds that the Plaintiff would make an investment in the purchase and operation of the land outside the F and four parcels of land (hereinafter “instant stone”).
B. Defendant D et al. received a successful bid for the instant tin acid in the name of Defendant C, an investor, and paid the successful bid price on February 9, 2007, and completed the registration of transfer of ownership on February 21, 2007.
C. On February 26, 2007, E completed the registration of ownership transfer claim on February 23, 2007 as to the instant tinsan. D.
Defendant C completed the registration of ownership transfer on December 20, 201 to G Co., Ltd. (H) on December 20, 201 due to sale on December 12, 2011.
E. On January 30, 2012, Plaintiff A filed a lawsuit seeking the return of KRW 150,000,000 (Seoul Eastern District Court 2012Gahap1168) against E and Defendant D (Seoul Eastern District Court 2012Gahap168). During the process of the lawsuit, Plaintiff A and Defendant D entered into an agreement with the following terms (hereinafter “instant agreement”) and withdrawn the said lawsuit on September 24, 2013 pursuant to the instant agreement.
Defendant C paid KRW 120,00,000 to Plaintiff A, and KRW 30,00,000 to Plaintiff B, but when receiving the balance from the sale of the instant tin acid from G Co., Ltd. or receiving the transfer of the registration of the ownership of the said tin acid, Defendant D, who immediately paid the said balance, shall immediately withdraw the said lawsuit.
F. According to the sales contract between Defendant C and G Co., Ltd., the sales price of the instant tinsan was KRW 900,000,000 if it actually includes mining right of KRW 250,000,000, and Defendant C paid KRW 150,000 as down payment from G Co., Ltd, KRW 250,000,000, and Defendant C paid the remainder of KRW 500,000 on August 26, 2015.
【Ground for recognition” has no dispute, A. 1.