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1. The Defendants: KRW 37,781,01, respectively, and KRW 5% per annum from November 3, 2017 to November 14, 2019, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff and the Defendants conclude a partnership agreement 239m2 (hereinafter “instant land”) in Seodaemun-gu Seoul Metropolitan Government.
(2) The business of selling a building after purchasing the building and obtaining the land development permission and building permission (hereinafter referred to as the “instant business”).
(2) The agreement shall be in the same manner and shall bear the costs and the profits and losses arising from the project at the same rate (hereinafter referred to as the “instant partnership agreement”) with respect to the share of the project as one-third.
(2) On December 31, 2014, the Plaintiff and the Defendants purchased the instant land from Nonparty E in the amount of KRW 130 million. According to the agreement of the said three parties, the sales contract was concluded in the name of Defendant B.
3) Of the purchase price, KRW 5 million, Defendant B paid KRW 3 million on the date of the contract, and the Plaintiff paid KRW 2 million. On January 30, 2015, Defendant B paid KRW 6.5 million, and the Plaintiff paid KRW 15 million on January 30, 2015, KRW 12 million out of the remainder of KRW 117 million, and Defendant B paid KRW 9 million and KRW 3 million on May 11, 2015. The remainder was paid on May 22, 2015, and at the same time, Defendant B received the registration of ownership transfer on the instant land, and at the same time, the Plaintiff and the Defendants obtained the construction permit in the name of Defendant B, and obtained the construction permit in the name of the Plaintiff and the Defendants on May 17, 2015 (B).
2. On August 13, 2015, the Plaintiff and the Defendants obtained a loan of KRW 300 million from Defendant B in the name of Defendant B as collateral, and repaid KRW 150 million on May 22, 2015, and used the remainder as the project cost of the instant case. On February 3, 2016, the instant land was again loaned KRW 450 million in the name of Nonparty H, the husband of Defendant B, from G association, as collateral, under the name of Nonparty B, the husband of the instant land.