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1. The Defendants jointly and severally against the Plaintiff KRW 264,255,00 and against the Defendant B, from March 9, 2016.
Reasons
1. Basic facts
A. On November 15, 2004, the Plaintiff registered the establishment of a mortgage over KRW 867 million for the Plaintiff E (the Plaintiff’s name prior to the Plaintiff’s opening name) and the maximum debt amount of KRW 130 million on the ground of a contract signed on November 15, 2004. On the same day, the Plaintiff registered the establishment of a mortgage over KRW 130 million for the Plaintiff’s creditor E (the Plaintiff’s name prior to the Plaintiff’s opening name) and the maximum debt amount of KRW 150 million.
B. On January 9, 2012, a sales contract with a seller D, a seller’s agent, the purchaser, and the Defendant B (hereinafter “instant sales contract”) was formulated regarding the instant real estate. The main contents thereof are as follows.
The purchase price: KRW 260 million shall be paid at the time of the contract and the balance of KRW 210 million shall be paid in July 30, 2012.
The remaining purchase and sale amount shall be the sale contract form and the remainder payment certificate of G apartment (former name is H apartment) No. 101, 501 (hereinafter “instant apartment”) located on four parcels, including the F in Sungsung City.
C. On the same day, Defendant Thai Construction Co., Ltd. (hereinafter “Defendant Thai Construction”) issued to the Plaintiff a deposit receipt (in full payment) that completely paid the sales contract and the balance of the sales price of the instant apartment, and the Plaintiff and the Defendant B prepared a written confirmation as follows (hereinafter “instant confirmation”).
In concluding a sales contract for the land of this case (the sale price of KRW 260 million) by the Plaintiff and Defendant B, the Plaintiff and the buyer’s agent of the seller D shall borrow the land of this case as security and preferentially pay KRW 50 million as the sales contract amount, and the remainder shall be paid before the end of July.
In order to implement this undertaking, the sales contract is prepared with the present apartment (sale price of KRW 264,255,00) as security, which is completed at the end of July 2012, and the remaining price of KRW 210,000 shall be paid from the end of July 2012.