beta
Text
1. The Defendant’s KRW 40,075,351 to the Plaintiffs, as well as 5% per annum from August 2, 2016 to October 19, 2017.
Reasons
1. Basic facts
A. On March 13, 2014, the Plaintiffs (Co-ownership of shares 1/2) concluded a contract with the Defendant to sell the purchase price of KRW 680 million to the Dongjak-gu Seoul Metropolitan Government D Site and Ground Housing (hereinafter “instant real estate”) in which the Plaintiffs shared 1/2 shares, respectively, to the Defendant.
(hereinafter “instant sales contract”). In the instant sales contract, the Defendant agreed to pay the down payment of KRW 80 million until March 26, 2014; the intermediate payment of KRW 350 million until April 10, 2014; and the KRW 250 million until May 10, 2014.
B. On March 13, 2014, the Defendant paid the Plaintiffs KRW 10 million, which is part of the down payment of KRW 80 million, and paid the remainder down payment of KRW 70 million on March 26, 2014.
C. On April 10, 2014, the Defendant, with the consent of the Plaintiffs, obtained a loan of KRW 350 million from the Gwanak Agricultural Cooperative on the instant real estate as security, and completed the registration of creation of a neighboring mortgage (the debtor, the defendant, the maximum debt amount of KRW 420 million) with the loan obligation as security obligation.
The Defendant repaid 200 million won of the secured debt of the senior mortgage established on the instant real estate with the loan borrowed as above, and cancelled the registration of establishment of the senior mortgage, and deposited 149,99,649 won in the Plaintiff A bank account, and repaid part of the purchase price.
E. On May 9, 2014, the Defendant deposited KRW 209,925,00 in the Plaintiff’s account and paid the purchase price.
F. On May 9, 2014, the Plaintiffs completed the registration of ownership transfer on the instant real estate in the future of the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap 2, 3, and 6 evidence, the whole purport of the pleading
2. The parties' assertion
A. The Plaintiffs’ cause of the Plaintiffs’ claim, at the Defendant’s request, did not receive any balance of the purchase price of KRW 40,075,351 (i.e., KRW 680,000,000 - down payment of KRW 80,000 - KRW 200,000,000 subrogated by the Defendant - KRW 149,99,649 - KRW 209,925,00).