계약금반환
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On September 18, 2017, the Plaintiffs entered into a contract with the Defendant to purchase 14 lots of land, such as the land, etc. (hereinafter “each of the instant lands”) owned by the Defendant and standing timber on the ground (hereinafter “instant sales contract”).
Accordingly, the Plaintiffs paid KRW 50 million to the Defendant as down payment on September 18, 2017, and KRW 50 million on October 31, 2017.
2. The plaintiffs' assertion and judgment
A. (1) At the time of entering into the instant sales contract, the Plaintiffs notified the Defendant of the purchase of each of the instant lands to conduct solar energy business, and accordingly, the Defendant recognized and understood that the cancellation of the natural environment conservation area for each of the instant lands is essential.
However, the Plaintiffs confirmed that it is impossible to cancel the natural environment conservation area for each of the instant lands, and accordingly, terminated the instant sales contract to the Defendant on the ground of such changes in circumstances.
Therefore, the defendant should return the down payment to the plaintiffs, which is 10 million won.
(2) Even if the plaintiffs' above assertion is not accepted, the full confiscation of down payment of KRW 100 million by deeming it as the scheduled amount of damages should be reduced because the estimated amount of damages falls under an unreasonable and excessive case.
B. (1) The Plaintiffs asserted the termination of the contract on the grounds of change of circumstances, but the instant sales contract is not continuous contract, and thus, the Plaintiffs’ assertion is decided to terminate the contract.
The so-called contract cancellation or termination due to the change of circumstances occurs with significant changes in circumstances that could not have been predicted by the parties at the time of the formation of the contract, and such changes occur due to reasons for which the party who has acquired the right to cancel or terminate is not responsible.