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1. The Plaintiff:
A. The Defendants are jointly and severally liable for 40,547,846 won and 37,252,371 won among them.
Reasons
1. Facts of recognition;
A. On the ground of Songpa-gu Seoul, Songpa-gu I, 6 households were multi-households, and Defendant B, E, F, G, and H were divided owners of each of the remaining one household, Defendant C, and D. However, the Defendants entered into a partnership agreement with the Defendants to remove the said building and to build a five-story tenement house (hereinafter “instant building”) on the same place. On February 22, 201, the said new construction contract was awarded to the Geum Fishing Construction Co., Ltd. (hereinafter “Nonindicted Company”).
B. The main contents of the above contract are as follows:
The commencement date: The completion date of the project on March 10, 201: The construction cost of KRW 900 million on September 10, 201 shall be paid to two households of the fifth floor of the building in this case, and the contractor shall lend the construction cost of KRW 500 million to the contractor, and the contractor shall bear the financial interest costs for the construction.
C. On March 22, 2011, the Defendants borrowed KRW 700 million from the Seoul milk cooperative (hereinafter “instant loan”) with the primary debtor and the remaining Defendants as joint and several sureties in order to raise funds for the loan to Nonparty Company.
The construction of the instant building was suspended on or around September 201, while the non-party company was performing the construction of the instant building with funds borrowed from the Defendants.
Accordingly, the non-party company was to raise funds by selling the two households of the fifth floor of the building of this case that it received as a substitute, and sold the building in the vicinity.
E. On November 10, 201, the Plaintiff entered into a contract with Defendant H and the other members to purchase KRW 402 million (i.e., the remainder of KRW 50 million (i., the intermediate payment of KRW 100 million) with the Nonparty Company in the presence of Defendant B, E, and G, and the Plaintiff’s purchase of KRW 502 million (hereinafter “instant sales contract”). The grounds for restricting the seller’s exercise of ownership, such as mortgage, superficies, lease, etc. established under subparagraph 502 of the instant building.