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Defendant B shall pay 17,500,000 won to the Plaintiff and 12% per annum from July 4, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. On February 13, 2017, the Plaintiff prepared a sales contract (hereinafter referred to as “instant sales contract”) with the Defendants, under which each of the Plaintiff’s shares in the Plaintiff’s ownership of Yeongdeungpo-gu Seoul Metropolitan Government D Land (hereinafter “instant land”) was paid KRW 1.2 million from the Defendants (i.e., KRW 10 million on the date of the contract), and (ii) the Defendants paid KRW 340 million from the Defendants (i.e., KRW 10 million on the date of the contract), and (iii) the remaining amount of KRW 230 million on April 13, 2017.
B. After the formation of the instant sales contract, the Plaintiff requested Defendant B to re-be paid part of the remainder of the purchase and sale price of the instant land to Defendant B, and prepared a sales contract in which Defendant B and the instant building E (hereinafter “instant building E”) scheduled to be newly constructed on the instant land were 2.5 million won for the purpose of replacing the payment of the remainder of the purchase and sale price of the instant land, and the Plaintiff would be entitled to purchase from the Defendants (hereinafter “instant sales contract”).
On the other hand, at the time of the preparation of the instant sales contract, Defendant C did not attend, and the stamp image of Defendant C affixed to the “seller” column of the instant sales contract, which was printed next to the name of Defendant C with the same word, is affixed with the seal which Defendant C stored in advance in the name of Defendant C.
C. On April 19, 2017, the Plaintiff transferred KRW 130 million out of the total amount of KRW 230 million, which was remitted to Defendant B as the purchase and sale price of the instant land, to Defendant B again. On the same day, Defendant B prepared a receipt to confirm that the Plaintiff received the remainder of KRW 22.5 million, and the Plaintiff completed each share transfer registration for the instant land in the future of the Defendants on the same day.
Afterward, the Plaintiff sold the instant heading room to a third party through F, and in return, KRW 260 million.