약정금반환
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, in addition to the part added as stated in paragraph (2) below, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Next, the part added to the judgment of the first instance court No. 9 No. 1 of the judgment of the first instance court " seems to be "..................." also states that "In addition, the defendants have reached the judgment of the first instance court, and the defendant has issued the defendants' consent to land use and a certificate of personal seal impression to the plaintiff at the end of August 2014 through G, thereby performing the defendants' obligations with regard to receiving the plaintiff's consent to land use in whole. However, at the bottom of the letter of commitment (A14) of this case, the witness of the first instance court stated that "the former state welfare credit union, the holder of superficies to be equipped with the instant letter of commitment, can prepare and allow the plaintiff to use the land, and the defendants' seal impression and certificate are required to prepare the letter of commitment of this case." The defendants cannot be deemed to have fulfilled their obligations merely by delivering the defendants' consent to land use to the plaintiff."
(1) On the other hand, the Defendant’s motion was withdrawn due to the internal circumstances, such as the withdrawal of the investor’s investment, and thus, the Defendant’s refusal of the application of this case was denied. However, there is no evidence to acknowledge that the Plaintiff withdrawn the application of this case due to such internal circumstances as above.”
3. According to the conclusion, the judgment of the first instance is justifiable, and all appeals by the Defendants are dismissed as it is without merit. It is so decided as per Disposition.