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1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 599,100,000 and the period from December 4, 2014 to April 3, 2020.
Reasons
1. Basic facts
A. On July 16, 2014, the Plaintiff received a request from Defendant C to pay KRW 100,000,000 to the Agricultural Cooperative Account in the name of the F Co., Ltd. (hereinafter “F”) designated by Defendant C (hereinafter “F”), among the complex buildings D (hereinafter “instant complex buildings”) in Sungnam-gu”) that Defendant C invested.
B. After that, Defendant C and Defendant C agreed to purchase the first floor G and H (hereinafter “instant G and H”) among the instant complex buildings through F by means of a free contract, and to transfer the ownership of the instant building to the Plaintiff. Accordingly, on September 4, 2014, the Plaintiff concluded a sales contract with F to purchase the instant G and H building at KRW 2 billion. The Plaintiff paid KRW 300,000,000 out of the said purchase price as agreed amount, while paying KRW 300,000,000,000, out of the said purchase price.
As described in paragraph (1), the Plaintiff agreed to include KRW 100,000,000, which the Plaintiff paid to F, and the remaining KRW 200,000,000 on the date of the contract. On the same day, the Plaintiff paid KRW 200,000,000 to Defendant C as a check in terms of the agreed deposit, and Defendant C prepared a certificate of borrowing KRW 200,000,000 (Evidence No. 3) and gave to the Plaintiff.
C. However, Defendant C changed the sale method of the instant G and H building by auction (public sale) and made it difficult for the Plaintiff to purchase the building through a free contract through F. Moreover, Defendant C should purchase the entire building in the name of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) substantially operated by Defendant C (hereinafter “Defendant Co., Ltd”) but purchased the entire building in the name of the Defendant Co., Ltd. with favorable interests in all aspects, such as remodeling construction, and later transferred it to the Plaintiff.
Subject matter: The purpose of the instant Building G and H Building (Sale) Agreement and “A” are to promote the purchase of the subject matter through the auction by the court.