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1. At the same time, Defendant C received KRW 50,000,000 from each of the Plaintiffs, and at the same time, attached Table C to the Plaintiffs.
Reasons
1. Facts of recognition;
A. On October 31, 2016, Defendant C Co., Ltd (hereinafter “Defendant C”) concluded a management-type land trust agreement with Nonparty C Co., Ltd. and newly constructed the instant multi-household housing 19 households on the ground of the Gu’s housing located on the aggregate of 344.10 square meters of the Seoul Guro-gu, Seoul, F, and G three parcels, for the purpose of the business of destroying and selling urban-type residential housing (19 households of complex multi-household housing; hereinafter “instant multi-household housing”).
The instant multi-household house was completed around November 22, 2017, and the registration of ownership preservation was completed in the name of Non-Party H Co., Ltd. on November 22, 2017.
B. On November 18, 2017, Defendant C entered into a sales contract with the Plaintiffs to deliver the instant real estate (hereinafter “instant real estate”) out of the remainder (92,000,000,000, the down payment of KRW 23,000,000, the remainder of KRW 1000,000, and the remainder of KRW 92,000,000, on the following grounds: (a) Defendant C arranged a lending financial institution to arrange for the lending of Defendant C to pay a loan of KRW 100,000,000; and (b) if the payment of the remainder (92,00,000,000) other than the loan (10,000) is made, the sales contract to deliver the instant real estate to the Plaintiffs.
C. The Plaintiffs paid Defendant C the remainder of KRW 92,00,000 on November 23, 2017, after paying the down payment of KRW 23,000,000 on the date of the contract, and paid the remainder of KRW 92,00,000 other than the loan (10,000). The Plaintiffs are occupying and residing in the instant real estate from November 23, 2017.
On December 29, 2017, Defendant C terminated a management-type land trust agreement entered into with Nonparty H Co., Ltd., and cancelled the registration of the trust of the instant multi-household housing; on the same day, Defendant D Co., Ltd (hereinafter “Defendant D”); the first priority beneficiary is Nonparty D Co., Ltd. (hereinafter “Defendant D”); and the first priority beneficiary is Nonparty C, the truster; and the beneficiary is Defendant C, the truster; and the trust property of this case is all 19 households of multi-household housing (including the instant real estate).