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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 154,00,000 and 5% per annum from June 16, 2016 to July 12, 2017.
Reasons
1. Basic facts
A. The Plaintiff is the owner of a house with a size of 435 square meters and its ground (hereinafter “instant real estate”).
The Defendants decided to jointly carry out the business of newly constructing and selling multi-household housing in the instant real estate (hereinafter “instant business”).
B. On December 7, 2013, the Plaintiff concluded the following sales contract with the Defendants for the instant real estate (hereinafter “instant sales contract”).
Registration of KRW 172,00,000 (contract deposit of KRW 62,000,000, the balance of KRW 110,000) shall be first transferred, and the balance shall be paid at the time of completion of multi-household houses.
C. On January 16, 2014, the Plaintiff agreed with Defendant B and D regarding the above sales contract (hereinafter “instant agreement”) as follows.
The remainder of the receipt of KRW 40,000,000, including the agreed down payment and intermediate payment of KRW 170,000,000,000, including the down payment and intermediate payment, shall be 130,000,000,000,000 as the proceeds of multi-household housing which are paid at the time of completion of multi-household housing (it shall be 12,00,000,000 per house bond) if the above matters are not fulfilled, a collateral collateral creation for the remainder of KRW 130,00,000,000 is not performed.
D. On January 16, 2014, the Plaintiff completed the registration of ownership transfer on the instant real estate to Defendant C (her mother).
E. On July 11, 2014, the establishment registration of the instant real estate was completed on the following: (a) the establishment registration of the mortgage of KRW 416,00,000 on the debtor FF, the mortgagee of the right to collateral security, the Redcheon Saemaul Depository, the maximum debt amount of KRW 416,00,00; (b) the establishment registration of the mortgage of KRW 544,80,000 on January 12, 2015; (c) the establishment registration of the mortgage of KRW 154,00 on January 21, 2015 (hereinafter “instant collateral security”).
F. On April 2, 2015, the Defendants transferred the instant real estate ownership name and the name of the building permit between F and H to F, and H agreed that H, which was the ASEAN, will proceed with the new construction of multi-household housing and the instant project.
F and H are the Plaintiff.