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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 16,00,000 and 5% per annum from June 15, 2016 to June 8, 2017.
Reasons
1. Basic facts
A. On November 6, 2015, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with Defendant B under Defendant C’s joint and several sureties with respect to D Apartment Nos. 106, 607 (hereinafter “instant apartment”) owned by the Plaintiff, which was related to the instant case as follows.
The seller: The sale price and payment method under Article 2 (Sale Price, etc.) shall be determined as follows.
1) The purchase price shall be KRW 185,00,000, the contract deposit shall be KRW 11,000,000. (2) At the same time, the buyer shall pay to the seller at the same time as this contract is executed.
3) The remainder shall be paid to the seller not later than November 20, 2015, with a gold of KRW 174,000,000. The buyer shall pay to the seller the remainder (15,000,000 out of the remainder) on the basis of payment on December 30, 2015.
Article 3 (Registration, etc. of Ownership Transfer) The seller shall provide the buyer or any person designated by him with all the documents concerning the delivery of the goods to be sold and the registration of transfer of ownership by simultaneous performance with the payment of the purchase price from the buyer in full. Article 4 (Liability of the Seller for Warranty) 1) In the event there is any defect impeding the complete exercise of ownership such as mortgage, superficies, easement, lien, establishment of a right of lease, and other matters concerning the goods to be sold, the seller shall remove all the defect in principal and interest and the burden until the date stipulated in Article 2 above and transfer the full ownership to the buyer.
2) Since all rights mentioned in the preceding paragraph have been created, defects, burdens, and other acts impeding the full exercise of ownership, if there is any obstacle to the exercise of ownership in respect of the subsequent sale of goods, the seller shall be liable for such obstacle and at any time comply with the buyer’s request to resolve such obstacle. 3)