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1. The Defendant (Appointed Party) shall pay KRW 147,800,000 to the Plaintiff A, and KRW 94,000,000 to the Plaintiff B, and each of them.
Reasons
1. Facts of recognition;
A. On October 1, 2014, the Plaintiffs Company E (hereinafter “E”) leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Plaintiff B, who is engaged in the construction business under the name of F, the Plaintiff Company E (hereinafter “E”) awarded a contract with KRW 184,80,000 among the instant real estate interior works, and awarded a contract for the interior works to the Plaintiff A, who is engaged in the construction business under the trade name of G, for KRW 217,00,000.
B. The commencement of the auction procedure with respect to the instant real estate and the conclusion of the Defendant’s partnership agreement with respect to the instant real estate was initiated on March 30, 2015 as to the instant real estate (hereinafter “instant voluntary auction procedure”).
(2) On October 29, 2015, the Plaintiffs reported the right of retention in the instant voluntary auction procedure. (2) On April 5, 2016, E and E agreed to obtain a loan from a financial institution as collateral and receive a successful bid for the instant real estate. On April 5, 2016, E and E were entitled to receive a successful bid for the instant real estate from the reporting person of the right of retention of the instant real estate so that I and J may obtain a successful bid for the instant real estate. (2) The I and J agreed to designate the instant real estate as KRW 1,00,000,000 after receiving the successful bid for the instant real estate, and the payment of the deposit shall be substituted by the requisition cost, etc. for the waiver of the right of retention.
3) As it is anticipated that J would not pay the purchase price, I proposed that I jointly purchase the instant real estate to the Defendant. On April 10, 2016, the Defendant concluded a partnership agreement with I represented by I, who was the son of I, and that I would receive a successful bid for the instant real estate and distribute the rental proceeds therefrom, and the Defendant and the Selection D agreed that the Defendant and the Selection D shall hold 50% shares of each of the instant real estate, but they will complete the joint registration following the bid awarded in the name of the Defendant. 4) The Defendant and the Defendant shall have the right of retention on April 21, 2016.