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1. The Defendants jointly share KRW 107,708,352 with the Plaintiff and Defendant B with respect thereto from March 31, 2019, and Defendant C with respect thereto.
Reasons
1. Facts of recognition;
A. On June 15, 2012, the Plaintiff entered into a sales contract with the Defendants to sell the instant real estate at KRW 785,000 (a down payment of KRW 15,000,000 on the date of the contract, and KRW 5,00,000 on June 23, 2012; KRW 10,000 on the intermediate payment of KRW 10,00,000 on the second intermediate payment of KRW 10,00,000 on June 30, 2012; and KRW 755,000,000 on August 30, 2012; and KRW 75,000,00 on the remainder of August 30, 2012).
(hereinafter “instant sales contract”). B.
The Plaintiff received KRW 15,00,000 as the down payment on the day of the instant sales contract, and received KRW 7,400,000 as part of the intermediate payment.
C. On October 8, 2012, the Plaintiff and the Defendants completed the registration of ownership transfer with respect to the instant real estate in the name of Nonparty G, which was designated by the Defendants, in lieu of repaying a debt with collateral security (FFI) established on the instant real estate.
On November 12, 2012, the Defendants promised to pay KRW 238,00,000 to the Plaintiff with the instant sales balance, and prepared and delivered a written statement of payment of the remainder of the purchase and sale with the intent to secure this. Accordingly, the Defendants set up and issued to the Plaintiff a written statement of payment of the remainder of the purchase and sale with the intent to set up a collateral security right with respect to the amount of KRW 312,00,000 with respect to the amount of the maximum debt.
E. The Plaintiff received dividends of KRW 130,291,648 from the Cheongju District Court in the auction procedure for the Cheongju District Court’s Cheongcheon-gu K real estate auction, which was executed based on the right to collateral security established at H level.
[Based on recognition] For Defendant B, the judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3): Each entry in the evidence Nos. 1 through 4 [including each number if any, and the whole purport of the pleading in the evidence No. 3-2] is added to the statement No. 1 and No. 3 (a sales contract).