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1. The defendant's KRW 27,900,00 for each of the plaintiffs and 5% per annum from March 22, 2009 to September 9, 2015, respectively.
Reasons
1. Facts of recognition;
A. On September 2008, the Plaintiffs purchased the purchase price of KRW 279,900,000 from the purchase price of KRW 2770,00 in Seongbuk-gu, Sungnam-si, Sungnam-si, and KRW 27,90,00 among the intermediate payment, KRW 27,90,000 among the intermediate payment was concluded at the time of the contract, and KRW 55,80,000 among the intermediate payment was to be the real estate transaction agreement at the time of alteration of the ownership transfer (hereinafter referred to as “the agreement at the time of alteration of the ownership transfer”) to the real estate owned on September 24, 2008.
(hereinafter “instant sales contract.” On the same day, the Defendant and E prepared a written confirmation to the Plaintiffs stating “The seller E and the said seller confirm that there is no disadvantage to the seller even if any balance is delayed due to the relationship between the transfer of registration to the said buyer of the said parcel.”
B. On September 24, 2008, Plaintiff A paid KRW 55,800,000 to the Defendant as the down payment and intermediate payment of the instant sales contract. The Defendant prepared a receipt to the Defendant that he received KRW 27,900,000 from the Plaintiffs on September 24, 2008, and that he received KRW 27,900,000 from the Plaintiff B on October 24, 2008.
C. On September 30, 2009, the instant sales contract was concluded on September 30, 2009, which was the Defendant’s representative director: G, mortgagee H, maximum debt amount of 160,000,000, the establishment registration of mortgage was completed; on March 20, 2012, the transfer registration of mortgage in the name of J was completed on the ground of the transfer of confirmed claim; and on April 24, 2012, the transfer registration of mortgage in the name of J was completed on the ground of the transfer of confirmed claim.
J has filed an application for voluntary auction on the instant real estate, and J due to the sale on September 21, 2012 due to the voluntary auction conducted on October 5, 2012.