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1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. In December 195, the Plaintiff and the Defendants jointly operated the automobile maintenance and industry company (hereinafter “instant rearrangement business center”) with the trade name of “F” in the land C and its ground buildings (hereinafter “instant real estate”) and D and E land when they reside from around December 1995.
B. Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd”) provisionally attached the Plaintiff’s share on the instant real estate on December 23, 2002.
C. On April 2, 2012, the Plaintiff sold the Plaintiff’s shares in the instant rearrangement project site to the Defendants for KRW 270 million.
(hereinafter “instant trade”). D.
The Defendants paid the Plaintiff KRW 100,000,000 to the Plaintiff on April 3, 2012, KRW 19,000,000 on the 19th of the same month, KRW 30,000,000 on April 7, 2016, and KRW 20 million on the Haman of the same month. On February 26, 2016, the Defendants paid KRW 50,000 to the Seoul Guarantee Insurance in subrogation of the Plaintiff in order to cancel the provisional seizure.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. Of the sales price of the Plaintiff, the Defendants excluded the sum of KRW 150 million paid to the Seoul Guarantee Insurance on behalf of the Plaintiff or the Plaintiff from KRW 120 million.
At the time of the instant sales, the Plaintiff agreed to deduct KRW 70,000,000, which was paid in the instant rearrangement project center, from the sales price.
In the end, the unpaid purchase price is KRW 50 million [=270 million + KRW 220 million + KRW 70 million + KRW 50 million]. The Plaintiff seeks payment of the said money to the Defendants.
The loan certificate asserted below by the Defendants was provisionally seized the instant real estate in Seoul Guarantee Insurance, and the Defendant B found a way to protect the Plaintiff’s share in the instant real estate, and it would be necessary to attach the Plaintiff’s share to the same based on the loan certificate.