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The Defendants jointly share KRW 36,954,400 with respect to the Plaintiff and KRW 5% per annum from February 11, 2019 to September 1, 2020.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation that is engaged in real estate sale and lease business, and Defendant C is a person who actually runs the Defendant Company.
B. On February 27, 2018, Defendant C planned to build roads in the vicinity of the miscellaneous land D in Jeju-si, and solicited the Plaintiff to purchase in the vicinity of the development plan. Accordingly, the Plaintiff decided to divide the 23 miscellaneous land D in Jeju-si into KRW 32,200,000 among the miscellaneous land D in Jeju-si, and transferred KRW 30,000,000 to Defendant C as part of the purchase price on February 27, 2018.
C. On April 1, 2018, a sales contract was prepared between the Plaintiff and the Defendant Company on the instant land (hereinafter “the instant sales contract”). According to the said sales contract, the Plaintiff paid the Defendant Company the purchase price of KRW 32,200,000 to April 1, 2018, and the Defendant Company agreed to implement all procedures necessary for the registration of transfer of ownership at the time of receipt of the remainder, and all the registration and all all the matters were liable for the Defendant Company.
The Plaintiff transferred the total amount of KRW 36,954,400,000, Jan. 23, 2019, KRW 23,954,400, and KRW 2,000 on February 11, 2019, to Defendant C, with taxes, legal expenses, etc. necessary for registering the remaining purchase price and transfer of ownership.
[Reasons for Recognition] Defendant Company: A without dispute, entry of Gap evidence 1 through 6, the purport of the whole pleadings, and defendant C: Article 150(3) of the Civil Procedure Act (Voluntary Confession)
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion is that the construction of a road is scheduled in the vicinity of the instant land, and if it is possible to obtain a large benefit from purchase in the nearby development plan, Defendant C actively recommended the Plaintiff to purchase the road.
Accordingly, the Plaintiff concluded the instant sales contract with the Defendant Company and paid the sales amount in full.
However, the plaintiff is the defendant company.