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1. The Defendants jointly do so to the Plaintiff as to KRW 100,000,000 and KRW 90,000 among them, from October 1, 2014.
Reasons
1. Basic facts
A. On July 3, 2012, the Plaintiff entered into a contract with Defendant B and D to purchase the E, F, G, and H ground lending Nos. 101 (hereinafter “101”) at the price of KRW 120 million, and paid the sum of KRW 90 million to Defendant B out of the price.
B. When Defendant B was unable to transfer 101 to the Plaintiff, on May 14, 2014, on the part of the Plaintiff, Defendant C prepared and drafted a letter of payment (Evidence 4) stating that “In order to secure the Plaintiff’s claim regarding 101, Defendant C’s ownership, I, J, K, L, M, and M-Ground L 201 (hereinafter “201”) was delegated by Defendant C, and KRW 110 million (the above KRW 90 million received from the Plaintiff and the interest accrued thereon, KRW 20 million) was transferred by September 30, 2014, and, if not, he/she is unable to transfer, he/she shall be liable for all civil charges together with Defendant C.”
C. When Defendant B prepares the above payment note, “Defendant C” prepared by Defendant C, which was newly constructed on the above I and 4 parcels of multi-household housing, to Defendant B, all acts arising from lease and sale;
2. To delegate "any act, etc. relating to the receipt of deposit for lease and proceeds of sale".
"The letter of delegation (Evidence A2) and the certificate of personal seal impression (Evidence A3) issued by Defendant C as of July 2, 2012.
Defendant B did not transfer No. 201 to the Plaintiff until September 30, 2014.
[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. 1) The Plaintiff’s assertion 1) premised on the fact that at the time of the preparation of the above statement of payment, the Defendants jointly and severally seek payment of the unpaid amount out of KRW 110 million equivalent to the purchase price as set forth in 201.2) As to this, Defendant C merely delegated the Defendant B with the right to lease and purchase of the above I and four parcels of land, which are his own ownership, to the Defendant B, and the said statement of payment is owned by D.