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1. The Defendants jointly share KRW 43,000,000 to the Plaintiff and Defendant B with respect thereto from July 10, 2015.
Reasons
1. Facts of recognition;
A. On January 21, 2013, the Plaintiff, a licensed real estate agent, sold to C a purchase price of KRW 250,000,000 for a building and its ground (hereinafter “instant real estate”) with D & D as the broker of Defendant B, which was owned by the Plaintiff, for KRW 45 million. The down payment is KRW 75 million for a contract, and the first intermediate payment of KRW 75 million for the first intermediate payment of KRW 40,000,00 for the second intermediate payment of KRW 40,00 on March 7, 2013, and the remainder of KRW 90,000 for each payment of KRW 9,00 on May 21, 2013 (hereinafter “instant sales contract”). At the same time, the seller entered into a sales contract with the contract and the purchaser’s creditor prior to establishment of a collateral security, and the seller submitted all necessary documents to the seller in preparation for the buyer’s non-performance of the contract.
B. At the time of the conclusion of the instant sales contract, E, the buyer’s creditor, was not present, and the Defendant B entered the name, resident number, and address in the column of seller, intermediary, buyer, creditor, and debtor (the same as the buyer) of the instant sales contract (Evidence A1), and C obtained permission on the matters of the instant special agreement from E, and affixed the seal in the name of E.
However, the above seal was actually not the seal of E.
C. In addition, on January 22, 2013, the Plaintiff, C, and Defendant B shall delegate the registration of establishment of a neighboring mortgage to a certified judicial scrivener and allow a certified judicial scrivener delegated at the time the establishment of a neighboring mortgage is completed to submit all of the termination documents of the floating mortgage to the seller.
If the buyer, creditor, debtor, or seller fails to pay the down payment and the balance, the seller shall not raise any objection against the civil or criminal liability even if the creation of the collateral security has been terminated immediately with the termination document prepared by the seller.