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1. The Defendants jointly share KRW 34,694,744 as well as KRW 20% per annum from March 20, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who runs real estate business and lease business under the trade name of “D”.
The Defendants purchased from the Plaintiff the instant building from the Plaintiff, namely, the E, F No. 101 square meters, No. 106.92 square meters, No. 102 square meters of the same lot number (hereinafter “instant building”) and the site right.
B. On November 6, 2014, the Plaintiff and the Defendants drafted two copies of the “Real Estate Sales Contract” with the following contents as stated below, and the Plaintiff affixed a seller’s seal on the seller’s column, but the Defendants did not affix the seal thereto.
No. 1, hereinafter referred to as "the primary sales contract".
A) However, there is the seal of Defendant C on the real estate sales contract kept by the Plaintiff: The sales price for the instant building: KRW 435,000,000 for the instant real estate: KRW 43,500 for the down payment at the time of the contract and the balance KRW 391,50,000 for the remainder of KRW 391,50,000 for the contract shall be paid in the presence of the broker on November 12, 2014. (The date of preparation is written only until November 2014) seller A (a seal) buyer C and B (joint ownership) (no seal is affixed.
C. The Plaintiff and the Defendants, at the time of the preparation of the said first sales contract (the date confirmed is not confirmed), drafted a “real estate sales contract” with the following contents in the presence of H, an employee of the said office, as an employee of the G Certified Judicial Scriveners Office:
hereinafter referred to as "the second sales contract";
However, the defendant B was present only on this job.
The second sales contract contains the seals of both the Plaintiff and the Defendants.
1. Indication of real estate: buildings in this case;
2. The purchase price of KRW 435,00,000, down payment of KRW 43,500,000 shall be the balance of November 6, 2014 and KRW 391,500,000,000 as of November 15, 2014;
Matters requiring a special agreement: Additional tax (the date of preparation shall be specified on November 6, 2014).
D. The Defendants remitted to the Plaintiff KRW 435,000,000 on November 13, 2014.
E. Afterwards, the Plaintiff filed a request to a certified tax accountant office that was traded by the Plaintiff, out of the total purchase price.