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1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and the period from December 31, 2019 to December 16, 2020.
Reasons
1. Basic facts
A. On September 6, 2019, the Plaintiff, as a broker by Defendant C of the licensed real estate agent, sold 1,031 square meters in Gyeyang-si, Yangsan-si, E, 208 square meters in size, and 10,096 square meters in size (hereinafter “each of the instant real estate”) owned by the Plaintiff at KRW 522 million in price. On September 9, 2019, the Plaintiff completed the registration of transfer of ownership by receiving the down payment of KRW 472 million and completing the registration of transfer of ownership on December 30, 2019 (hereinafter “instant sales contract”). The Plaintiff concluded a sales contract that is to be paid on December 30, 2019 (hereinafter “instant sales contract”).
B. Defendant B agreed to obtain a loan of each of the instant real estate as collateral and pay the purchase price with the loan. On September 9, 2019, Defendant B established a collateral on each of the instant real estate with the maximum debt amount of KRW 696 million with respect to each of the instant real estate as the Defendant B, and deposited KRW 580 million with the Plaintiff’s account in the name of the Plaintiff, and received a deposit of KRW 472 million from the said G Union as the purchase price, and received a transfer from the Plaintiff, and completed the registration of ownership transfer with respect to each of the instant real estate on the same day.
C. On September 9, 2019, Defendant B prepared a loan certificate with the purport that the Plaintiff would pay the remaining purchase and sale amount of KRW 50 million up to December 30, 2019, and Defendant C guaranteed the Plaintiff’s obligation to pay the remainder amount of KRW 50 million to the Plaintiff on the same day.
[Judgment of the court below] The ground for recognition is without merit, Gap 1 through 4, and the purport of whole pleadings.
2. According to the above facts, Defendant B entered into the instant sales contract with the Plaintiff, and even if Defendant B lent the name of the purchaser of the instant sales contract to Defendant C, Defendant B is obligated to pay the Plaintiff the remaining purchase and sale amount of KRW 50 million, as long as Defendant B was a party to the instant sales contract, and Defendant C is obligated to pay the Plaintiff the remaining purchase and sale amount of KRW 50,000,000,000.