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1. The Defendants jointly share KRW 150,000,000 to Plaintiff A and the Defendants jointly do so from February 17, 2016 to Plaintiff B. 84,469.
Reasons
1. Indication of claim;
A. Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a selling company that constructs and supplies “G”, which is an urban-type residential housing on the land outside F of the petition-gu, Cheongju-si, and five lots of land. Defendant C is a person who actually operates the Defendant Co., Ltd., by directly establishing the Defendant Co., Ltd and exercising overall control over its business, and Defendant D is the representative director of
B) On February 17, 2016, Plaintiff A entered into a sales contract with the Defendant Company with a total of KRW 274,654,908 for G 201 Dong 401, and paid the Defendant Company a total of KRW 150,00,000 for the same day’s down payment and intermediate payment. (2) On February 5, 2016, Plaintiff B entered into a sales contract with the Defendant Company with the total of KRW 276,354,908 for G 201 Dong 402, and paid the Defendant Company KRW 23,640,000 for the same day’s down payment as the down payment.
C. On July 21, 2016, the Defendants established the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 208,00,000 with respect to each of the above houses purchased by the Plaintiffs. D.
Accordingly, Plaintiff A refused to pay any balance, and without being transferred the ownership of G 201 Dong 401, G 201, thereby causing damage equivalent to KRW 150,00,000 paid to Defendant Company. Plaintiff B, on November 15, 2016, paid KRW 76,354,908, equivalent to the balance of the loan principal of the right to collateral security, which was created upon the transfer of ownership of G 201 Dong 402, and paid the loan interest of KRW 1,460,810, the redemption fee of KRW 1,460,810, and the redemption fee of KRW 1,364,07,07, by succeeding to KRW 83,645,092, total amount of KRW 84,469,979.
E. Although Defendant C and D have a duty to transfer the complete ownership of the housing purchased in lots to the buyer, they conspired to do so to the third party in violation of the above duty, and thereby making the right to collateral security in each of the above housing units.