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1. The Defendants are jointly and severally liable to the Plaintiff for 80,000,000 won and each year from December 31, 201 to July 4, 2014.
Reasons
1. Basic facts
A. On April 201, the Plaintiff requested Defendant C to purchase real estate. On June 5, 201, the Plaintiff paid KRW 80,000,000,000 on July 5, 2011, and KRW 5,000,000 on July 5, 2011, and KRW 15,000,000 on July 25, 2011, and KRW 50,000 on August 29, 201 to the Defendant C’s account or husband’s account under the name of Defendant C or to deliver it in cash or check.
B. On December 31, 201, the Plaintiff entered into a sales contract with the Defendants to pay the remainder of KRW 120,000,000 at the time of registration (hereinafter “the instant sales contract”) with the seller, Defendant B, the buyer, and the seller’s guarantor C as to the real estate owned by Defendant B (hereinafter “instant real estate”). However, the Plaintiff entered into a sales contract with the Defendants to pay the remainder of KRW 120,00,000 at the time of registration (hereinafter “instant sales contract”).
Meanwhile, as the special terms and conditions of the instant sales contract, “1) The right to registration shall be transferred at the time of a purchaser’s request (donation, provisional registration). 2) The said real estate shall not be transferred to another person except the Plaintiff. 3) The transfer of the real estate to another person shall proceed after obtaining the Plaintiff’s permission, and shall be held liable for civil and criminal liability in the event of a violation of the act without obtaining such permission. Meanwhile, the Defendants shall be held liable on October 24, 2013, which is the debtor following the conclusion of the instant sales contract. Meanwhile, the Defendants shall be held to collateral security (hereinafter “mortgage”).
(D) Around March 2014, the Plaintiff: (a) requested the Defendants to cancel the instant right to collateral security; and (b) on May 13, 2014, the Defendant C made an agreement to the effect that “the borrower shall be liable for the instant right to collateral security and shall not be defective.” (hereinafter “instant agreement note”).
【Preparations. 【No dispute over the grounds for recognition, Party A’s 1 to 1.