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1. The Defendants jointly share KRW 71,400,000 to the Plaintiff and the Plaintiff’s objection thereto
A. Defendant B shall complete the payment from November 21, 2015.
Reasons
1. Facts of recognition;
A. Defendant C is a licensed real estate agent operating the “E Licensed Real Estate Agent Office” in Pyeongtaek-si D, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) was established pursuant to Article 41 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act for the purpose of mutual-aid business to guarantee the liability of practicing licensed real estate agents for damages.
B. On June 2, 2015, the Plaintiff and Defendant B purchased 261 square meters prior to Pyeongtaek-si G and 2,276 square meters prior to H as KRW 760,000,000. The down payment of KRW 90 million on the date of the contract, the intermediate payment of KRW 200,000,000 on June 16, 2015, and the remainder of KRW 470,000 on July 30, 2015, the Plaintiff and Defendant B paid KRW 61 square meters prior to J (hereinafter referred to as “instant real estate”), with the purchase price of KRW 19,00,000,000,000,000 on the date of the contract, and the remainder of KRW 90,000,00 on July 30, 2015.
(hereinafter referred to as “instant sales contract” in total).
At the time of conclusion of the instant sales contract, the Plaintiff and Defendant B paid 1/2 of the sales price of the instant real estate, and the Plaintiff paid part of the down payment, intermediate payment, and remainder, and Defendant B paid the balance equivalent to 1/2 of the sales price.
On June 2, 2015, the Plaintiff paid to the seller a down payment of KRW 100 million, KRW 261 square meters before Pyeongtaek-si G, KRW 200 million after H’s intermediate payment of KRW 276 square meters before H, and KRW 89.5 million out of the remainder on August 3, 2015.
E. The seller, who did not pay any balance on the date of the payment of the remainder under the instant sales contract, was the seller, and the Defendant B notified the Plaintiff and the Defendant B to perform the remainder payment on August 10, 2015, and August 17, 2015. Nevertheless, the seller who did not pay any balance on August 27, 2015, upon cancelling the instant sales contract on August 27, 2015, intended to not pay the remainder, is one of the down payment with regard to KRW 261,00,000,000,000 and the down payment with regard to KRW 69,50,000,000,000,000,00