약정금 등 청구의 소
1. The Defendants jointly committed against the Plaintiff for KRW 85,00,000 and KRW 5,000,00 among them, respectively, from January 1, 2015 to 80,000.
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1 through 5 (including a serial number) based on the overall purport of the pleadings.
E, F, and G share (each share 1/3) of the instant land was owned by E, F, and G. On February 26, 2014 between the Plaintiff and the Plaintiff on February 26, 2014, E entered into a contract to sell a part of KRW 1,653 square meters of the instant land to KRW 500,000 (a contract amount of KRW 100,000,000, the remainder of KRW 400,000,000 (hereinafter “the first contract”). On the same day, E entered into a contract with Defendant B to sell the remainder of KRW 1,847 square meters of the instant land to the price of KRW 998,200,000 (a contract amount of KRW 150,000,000,000) (hereinafter “the remainder of the instant land”).
B. On February 26, 2014, the Plaintiff remitted KRW 100,000,000 to Defendant B’s deposit account to be paid as the down payment under the first contract.
C. On November 13, 2014, Defendant C drafted a written confirmation with the following content (hereinafter “instant written confirmation”) to the Plaintiff.
80,000,000 won for the sales contract and design expenses of D land shall be paid on the last day of January 2015, and if the completion of a factory is delayed, it shall be paid at the time of the completion of a bank loan after the completion of the factory.
The remainder 20,000,000 won shall be paid twice on the last day of November 2014 and the last day of December 2014.
The payer on November 13, 2014: C Recipient: A
D. On December 2, 2014, KRW 10,000 deposited in the Plaintiff’s deposit account, Defendant B’s name, and KRW 3,000,000 on February 3, 2015, and KRW 2,000,000 on February 27, 2015, respectively, were deposited in the name of Defendant C.
E. After July 6, 2015, the registration of ownership transfer for the instant land was completed under the name of H on the ground of sale.
2. The assertion and judgment
A. The gist of the parties’ assertion (1) The Plaintiff and the Defendants respectively purchased the remaining part of 1,653 square meters from the instant land, and the Defendants purchased each of the remaining part of 1,847 square meters from the instant land.