beta
Text
1. Defendant C’s KRW 580,000,000 to Plaintiff B as well as 5% per annum from August 29, 2012 to November 15, 2013.
Reasons
1. Basic facts
A. On June 1, 2006, E entered into an agreement between the Plaintiffs and E to encourage the Plaintiffs to invest in the business of newly constructing and selling a building in the F land in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant site”). On June 1, 2006, the agreement between the Plaintiffs and E to receive KRW 300 million from the Plaintiff and to pay KRW 600 million by November 30, 2007, respectively, to receive KRW 20 million from the Plaintiff’s investment and to pay KRW 400 million by November 30, 2007.
B. On July 22, 2008 between the plaintiffs and E, the sales contract was issued until September 30, 2008, with respect to the building 102 and 103 to be newly constructed on the instant site as a repayment of the obligation to return the principal and interest of the investment to the plaintiffs on July 22, 2008.
C. Around early 2008, Defendant C, who actually operated G Co., Ltd. (hereinafter “G”), received a request from the Newly built construction contractor of the instant land E and the Newly built construction contractor of the instant land, to complete the construction of the building. On April 28, 2008, the right to implement the instant new construction project and the ownership of the instant land were transferred from E on behalf of G. On the other hand, Defendant C, including the Plaintiffs, took over the obligations under the E’s investment agreement against investors.
G on October 29, 2008, with respect to the building 102 of the building to be newly constructed on the instant site to Plaintiff A, the sales contract and the receipts for the full payment of the sales price of KRW 1 billion were issued to Plaintiff B, and with respect to subparagraph 301 of the sales price of KRW 950 million and the receipts for the full payment of KRW 950 million were issued to Plaintiff B, respectively.
Plaintiff
Upon completion of the new construction work under the agreement between A and G on July 16, 2009, G completed the registration of initial ownership on the instant H building on July 7, 2009 (hereinafter “instant building”).
However, the sales contract, which was received by the plaintiff B, is a sales contract.