계약금반환등
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. The reasoning of the judgment of the court of first instance cited in this case is as follows: (a) each of the witnesses of the fifth and eighth parts of the judgment of the court of first instance as “witness of the court of first instance”; and (b) except the addition of the judgment as to the plaintiffs’ assertion to the witness of the court of first instance as stated in the reasoning of the judgment of the court of first instance (excluding the judgment on the claim for damages), and (c) it is cited in accordance
2. Additional determination
A. 1) The plaintiffs' assertion 1) The defendants asserted that they are the 1, 3, and 5 sales contracts for the 1 through 3 land (hereinafter "each sales contract of this case") against the plaintiffs on the following grounds.
(3) The Defendants are obliged to return part of the down payment and intermediate payment received pursuant to the instant sales contract to the Plaintiffs, with the content certification as of April 29, 201, and Defendant D with the content certification as of June 21, 2014, and Defendant E with the service of the instant legal brief as of June 21, 2016, notified that each of the instant sales contract will be cancelled due to the Plaintiffs’ default or non-performance refusal. ② The Plaintiffs, with the delivery of the instant legal brief to the Defendants on January 19, 2016, rescinded each of the instant sales contract on the grounds of the Defendants’ default or non-performance refusal. ③ As such, each of the instant sales contracts was rescinded in accordance with the agreement between the Defendants and the Plaintiffs, the Defendants are obliged to return part of the down payment and intermediate payment already received to the Plaintiffs. ④ Even if each of the instant sales contracts was to be confiscated as alleged by the Defendants, it is anticipated that the amount of damages would be reduced, and thus, the Defendants are not obligated to return the down payment and intermediate payment to each of the Defendants.
① The Plaintiffs are stipulated in each of the instant sales contracts.