beta
Text
1. Defendant D and F shall jointly pay to the Plaintiff KRW 71,688,100 and the interest thereon from July 22, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. A. Around October 2014, Defendant F instigated Defendant D to enter into the best marriage with H with Defendant D’s minor children, and purchased the bank offer passbook in the name of Defendant D with a deposit of KRW 300,000,000, and paid KRW 10,000,000 to Defendant D in return.
B. Defendant F, using the subscription passbook purchased from Defendant D, subscribed for the multi-child of J apartment to the Gangnam-gu Seoul Metropolitan Government Special Supply Procedure under the name of Defendant D and won, and concluded a sales contract with Defendant D on October 22, 2014 with respect to K and L Co., Ltd., a selling company, and J M (hereinafter “instant apartment”).
C. On April 10, 2015, the Plaintiff decided to purchase the right to sell the apartment of this case from Defendant D through the brokerage of Defendant B and brokerage assistant, a licensed real estate agent, and concluded a sales contract with Defendant E who represented Defendant D.
① On March 31, 2015, prior to the conclusion of the sales contract for the said sales right, the Plaintiff paid KRW 10 million in the provisional contract amount to the Nonparty’s account designated by Defendant E (six million won and four million won, divided over twice); ② on April 9, 2015, Defendant E paid KRW 130 million in the cashier’s check amount to Defendant E, three hundred million; ③ on April 10, 2015, KRW 77,068,50 in the Nonparty’s account designated by Defendant E as the down payment; ④ on April 10, 2015, the Plaintiff paid KRW 17 million in the name of brokerage; ⑤ on November 17, 2015, KRW 190,000 in the Nonparty’s account designated by Defendant E; and ④ on November 20, 2015, KRW 160 in the aggregate of KRW 160,00 in the Nonparty’s account designated by Nonparty E, under the pretext of the transfer income tax.
E. On November 17, 2015, the Plaintiff and Defendant D submitted a written pledge of succession to rights and obligations to the selling company, and completed the procedure for changing the name of the buyer of the instant apartment from Defendant D to Plaintiff.
F. The apartment building of this case is to be built under the Housing Act, and the apartment building of this case is to be purchased.