계약금반환
1. The claims of the plaintiff A and the plaintiff B are all dismissed.
2. The costs of lawsuit are assessed against the plaintiff A and the plaintiff B.
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1 to 7, Byung evidence Nos. 1 and 2 (including paper numbers), the fact inquiry results with respect to Pyeongtaek-gun of this Court and the purport of all pleadings:
On February 21, 2012, the Plaintiffs entered into a sales contract to purchase KRW 23,140 square meters (hereinafter “instant land”) from the Defendants, co-owners, for KRW 1,750,000,000,000 (hereinafter “instant sales contract”); and the down payment KRW 300,000,000 shall be paid on February 21, 2012; and the remainder shall be paid KRW 1,45,00,00,000 among the instant land 7,00,000 square meters, within 40 days from the date of completion of the first construction permit; and at the same time, the instant sales contract is null and void if the instant first construction permit is denied; at the same time, an application for the construction permit is filed under the name of the seller; and the costs of authorization and permission are borne by the purchaser.
Each Secretary (J and K) shall comply with the following in entering into the instant sales contract:
Civil or criminal liability in the event of non-performance.
Article 6 (Matters of Mutual Agreement, etc.) The seller under Article 6 (Matters of Mutual Agreement, etc.) (2) provides the buyer with all documents necessary for authorization and permission for the amount of 3,000 square meters (7,000 square meters) at the same time as the contract for the subject real estate of this case
At the time of the instant sales contract, the seller shall immediately release the seizure established in the real estate for the purpose of use, and the buyer shall pay the remainder in full within 30 to 40 days after the date of completion of authorization.
When the permission of construction is denied under paragraph (6), the seller shall immediately refund only the down payment already paid to the buyer.
B. At the time of the instant sales contract, J as the broker of the Plaintiffs and K as the broker of the Defendants’ side, affixed the seal on the instant sales contract as the observer, and on the other hand, on February 21, 2012 regarding the said sales contract between J and K.