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Defendants jointly and severally liable to the Plaintiff KRW 62,00,000, and Defendant B with respect thereto, from April 16, 2019 to June 11, 2020.
Reasons
1. Facts of recognition;
A. On January 28, 2014, between the Plaintiff, Defendant B, and Defendant D, the seller, Defendant C, Defendant C, and Defendant E at Osan City, the purchase price of KRW 1652.9 square meters (hereinafter “the instant part of the land”), and KRW 800 million (the contract amount of KRW 40 million shall be paid at the time of the contract, the intermediate payment of KRW 610 million shall be paid on February 21, 2014, and the remainder of KRW 150 million shall be paid on February 7, 2015) (hereinafter “instant sales contract”). The sales contract with the same content as the instant sales contract was formulated.
B. On March 5, 2014, the instant part of the land was divided into a F-Won 652 square meters (hereinafter “instant one”) and G-Won 1001 square meters (hereinafter “instant two land”).
C. As to the land of this case 1 and 2, the registration of establishment of a mortgage (hereinafter “mortgage 1”) was completed on March 18, 2014 with respect to the Suwon District Court (Seoul District Court), No. 43699, Mar. 18, 2014. At the same time, with respect to the land of this case 1 and 2 as the maximum debt amount of KRW 804,000,000, the debtor C, and the mortgagee C, and the mortgagee Co., Ltd. (hereinafter “mortgage 1”).
In addition, as to the land of this case 2, the registration of creation of a collateral security (hereinafter “instant collateral security”) was completed on April 28, 2014, the maximum debt amount of KRW 195,00,000,000, the debtor C, the mortgagee of the right to collateral security, the plaintiff of the right to collateral security, and the grounds for registration, concluded a contract on April 28, 2014. As to the land of this case 1, the registration of creation of the collateral security (hereinafter “instant collateral security”) was completed on June 2, 2014, the maximum debt amount of KRW 195,00,000,000, the debtor C, the mortgagee, the mortgagee of the right to collateral security, the plaintiff of the right to collateral security, and the grounds for registration, which were additionally established on June 2, 2014.
The Plaintiff is down payment and down payment from Defendant B and Defendant D in accordance with the instant sales contract.