Defendant B and C jointly share KRW 37,000,000 with respect thereto to the Plaintiff and the period from September 18, 2020 to October 12, 2020.

Basic Facts

A. On November 20, 2015, Defendant B completed the registration of ownership transfer on the grounds of sale on October 28, 2015, with respect to the Daejeon Seo-gu F apartment G (hereinafter “instant apartment”).

B. On April 16, 2018, Defendant C, the spouse of Defendant B, obtained a loan of KRW 162 million from H Co., Ltd. (hereinafter “H Capital”) for the use of household funds and a loan of KRW 35 million for the use of business funds. Defendant B, on the same day, secured each of the above loans against Defendant C’s H Capital. In order to guarantee the above loans against Defendant C’s H Capital, Defendant C, in relation to the apartment of this case, the Defendant C, in the future, completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 236.4 million as to the apartment of this case as Defendant C and the maximum debt amount of KRW 236.4 million.

C. On July 8, 2019, the Plaintiff entered into a real estate sales contract with Defendant B, a licensed real estate agent, to purchase the instant apartment from Defendant B as KRW 217 billion (payment of KRW 17 million at the time of the contract and payment of KRW 200 million at September 30, 2019) and paid the said down payment to Defendant B.

In the context of the special terms and conditions of the sales contract of this case, the term “other rights than ownership: 1 case of collateral security; 230,640,000 won (H Capital)” is indicated as “the cancellation terms and conditions of the maximum debt amount.”

At the time of the conclusion of the instant sales contract, the “register” column of “B” of the description of confirmation and description of the object of brokerage prepared by Defendant D is indicated as “the maximum amount of collateral security claim amounting to KRW 236.4 million, Defendant C, and H Capital Capital” as matters of rights other than ownership.

E. On August 29, 2019, Defendant D sent a text message to the Plaintiff, “for example, for the instant apartment ownership transfer registration,” and the Plaintiff responded to “N. Do, I would good son.”

F. Defendant D around September 2, 2019: “Around September 2, 2019, Defendant D shall be required to make a reimbursement and cancellation request to the H Capital Capital Capital 10:00 p.m.