약정금반환
1. The Defendant: (a) KRW 62,300,000 to Plaintiff A, as well as 5% per annum from May 2, 2016 to October 5, 2018; and (b)
1. Basic facts
A. The Plaintiffs and the Defendant agreed to jointly operate multi-household housing construction business (hereinafter “instant business”) by investing the same ratio, and purchased the land of Gwangjin-gu Seoul Special Metropolitan City pursuant to the agreement, and newly constructed ten households on that ground, and completed registration of initial ownership on October 22, 2015.
B. With respect to the instant business, the Plaintiffs and the Defendant assessed the value of KRW 501, 201, and 302 among the 10 households of the said housing as KRW 874 million, and assessed the value of KRW 601, 402, and 401 to the Defendant, and assessed the value of KRW 884 million, and assessed the value of KRW 301, 502, and 202 to the Plaintiff A, and disposed of the value of KRW 94,00,000,000,000 to the Defendant and KRW 13,00,000,000 to the Plaintiff, and KRW 3,00,000 to the Plaintiff as the settlement difference after the disposal of the said household, and 602 to the remainder of the disposal shall be disposed of, and agreed that the remainder of the disposal proceeds shall be divided by three minutes of taxes, public charges, and general expenses among the disposal proceeds.
(1) The term “instant settlement agreement” (hereinafter referred to as “instant settlement agreement,” referring to the evidence 7 attached hereto) shall be written in the end of the written agreement (see, e.g., attached Form 7).
The plaintiffs and the defendant disposed of the households belonging to each of the above houses. On March 26, 2016 with the plaintiffs' consent, the defendant sold 602 units of the above houses to Nonparty E in KRW 273 million, and completed the registration of ownership transfer on May 2, 2016, and received the price.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, pursuant to the settlement agreement of this case, the defendant raised a loan repayment amount of KRW 77 million out of the proceeds disposed of 602 of the above house 602 to the plaintiffs, KRW 6 million of brokerage commission, and KRW 3 million of general expenses (the defendant does not dispute the amount to be deducted from the sale price).