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1. The Defendants jointly share KRW 26,000,000 to the Plaintiffs and Defendant C with respect thereto from July 1, 2014, and Defendant D.
Reasons
Basic Facts
Plaintiff
B is Plaintiff A’s children, Defendant C is a licensed real estate agent who runs real estate brokerage business in Gyeonggi-gun E, and Defendant D is a spouse of Defendant C and operates the said real estate brokerage business jointly with Defendant C.
On September 21, 201, the Plaintiffs purchased at KRW 150 million a down payment of KRW 130 million on the date of the contract, and paid KRW 20 million on October 31, 201, the remainder of KRW 20 million at the date of delivery of the instant house, and the registration of ownership transfer of the instant house was made at the same time with F’s completion inspection of the instant loan (hereinafter “instant sales contract”). The Plaintiffs concluded a sales contract under which the ownership transfer registration of the instant house ought to be made after completion of the instant loan (hereinafter “instant sales contract”).
At the office of the Defendants, the Plaintiffs and F drafted a contract for the instant sales contract in the presence of the Defendants, and Defendant C signed and sealed the said contract as a broker.
Article 9 of the sales contract of this case states that "a broker shall prepare a confirmation description of the object of brokerage and deliver it to both parties to a transaction on September 6, 201, along with a copy of the business guarantee certificate (certificate, etc.)." However, the defendants did not issue to the plaintiff a confirmation description, etc. of the object of brokerage of this case.
The Plaintiffs paid 130 million won the down payment to F on the date of conclusion of the instant sales contract.
The F, as the owner of the instant loan, was in the state where the roof and outer wall were built at the time of the conclusion of the instant sales contract and the internal construction was carried out, and the approval for use and the registration for preservation of ownership was not completed.
F on March 29, 2012, upon F’s request of F’s creditor I for provisional disposition registration, the registration of preservation of ownership of the lending of this case was completed on April 4, 2012 on the ground of trust with the International Trust Co., Ltd.