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The Defendants jointly share the Plaintiff KRW 36,498,269, and Plaintiff B with respect thereto, from April 28, 2018 to December 3, 2019.
Reasons
1. Basic facts
A. The Plaintiff as the party concerned is the lessee of Pyeongtaek-si apartment E (hereinafter “instant apartment”) that Defendant B purchased. Defendant C is a licensed real estate agent who arranged the said lease agreement.
B. 1) On November 21, 2017, the Plaintiff and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the instant apartment as a broker by Defendant C, with the lease deposit amounting to KRW 95 million and the lease term from December 18, 2017 to December 27, 2019 (hereinafter “instant lease agreement”).
(2) At the time of the conclusion of the instant lease agreement, Defendant B, upon receiving the instant apartment, failed to complete the registration of ownership transfer, entered into a special agreement with the Plaintiff and Defendant B as follows. On June 8, 200, the lessee is the status of the right to sell real rights and the lessor is to obtain a loan of KRW 200 million from a financial institution at the time of registration, and if the lessor is to receive a loan of KRW 200 million from the financial institution at the time of registration, he/she is to dispose of the amount of KRW 600 million at the latest within one month, and if the lessor is to be jointly and severally and severally with the lessor and jointly with the lessor, the Plaintiff was to be responsible and resolved as required by the lessor, and the Plaintiff was to receive the remainder of KRW 70 million on October 31, 2017, the intermediate payment of KRW 40 million on December 4, 2017, KRW 207,000,000,781.
3) Defendant B completed the registration of ownership transfer for the instant apartment on January 16, 2018. On the same day, Defendant B completed the registration of ownership transfer for the instant apartment, and completed the registration of ownership transfer to the F Association with a loan of KRW 26 million from the F Association, leading to the completion of the registration of ownership transfer for the instant apartment (hereinafter “mortgage 1”).
(4) On February 12, 2018, Defendant B obtained a loan from G Co., Ltd. (hereinafter “G”), and registered the establishment of a neighboring maximum debt amount of KRW 45 million.