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1. The Defendants are jointly and severally liable to the Plaintiff for 87,216,090 won and 5% per annum from February 2, 2011 to May 20, 2016.
Reasons
1. The plaintiff asserts that the plaintiff should return to the plaintiff the purchase price of apartment units 87,216,090 won, and the defendants asserted that the transfer price actually received from the plaintiff is about 50,000,000 won and that the plaintiff did not have any obligation to return it.
2. Determination
A. Facts of recognition [based on recognition] without dispute, evident facts in records, Gap 1-19 evidence (including paper numbers), the purport of the entire pleadings, and the purport of the whole pleadings, defendant B is Hanhwa Construction Co., Ltd. on September 11, 2007 (hereinafter "non-party company").
2) From the point of view, apartment 1 (Damcheon-gu D apartment 903, 3403, hereinafter referred to as the “instant apartment”).
(2) Around May 2, 2009, Defendant B sold the purchase price of KRW 714,200,000 to the Plaintiff at KRW 91,420,000 (the down payment for the purchase price paid by Defendant B to Nonparty Company KRW 71,420,000,000).
(3) On May 2, 2009, the Plaintiff entered into the instant contract for the transfer of the right to sell the apartment in lots, and agreed on February 1, 2011 to return the purchase price in the event that the instant contract for the transfer of the right to sell the apartment in lots terminates due to the cancellation of the contract, etc., and Defendant B paid KRW 87,216,090 remaining after deducting the amount of overdue interest in the purchase price from KRW 91,420,00 (where Defendant B does not pay the intermediate payment in the future, the amount equivalent to the overdue interest to be additionally paid to the company in the event that Defendant B does not pay the intermediate payment in the future). Defendant B paid the amount to KRW 87,216,90 to the Plaintiff at that time. Defendant B changed the name of the guardian at that time and did not perform the duty of change of name by February 1, 201. Defendant C agreed on February 1, 2011 as a joint and several surety.
5. However, Defendant B did not perform its duty to change the name of the buyer until the agreed date.