매매대금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. (1) The Korea Land and Housing Corporation (hereinafter “Corporation”) implementing a new city development project, intended to transfer all land, goods, etc. in the project area to the project implementer and supply a cost-of-living site to those who meet certain standards among those who received compensation. Defendant C was selected as those subject to the supply of a cost-of-living site by satisfying the above requirements.
(2) On June 20, 2007, Defendant C entered into a contract on June 20, 2007, under which the above Defendant would be provided with compensation from the Korea Land and Housing Corporation for the E district housing site development project (hereinafter “instant contract”).
(3) On June 20, 2007, Defendant C received KRW 90,000,000 from the Plaintiffs with the purchase price of purchase rights.
(4) In the event that Defendant C did not perform the contractual obligations of this case against the Plaintiff, Defendant D guaranteed the payment of the penalty to be borne by Defendant C to the Plaintiffs.
(5) Defendant C entrusted his seal imprint and all other documents necessary for the transfer of his name to a certified judicial scrivener F in charge of the partnership affairs so that the plaintiffs can proceed with the procedures under the name of the defendant.
(6) In the course of the process of sale in lots, the Plaintiffs entered G Injurya Cooperatives (the name was changed to H Association; hereinafter referred to as the “Association”) as their right holder, and participated in the process-related information from the Association (i.e., notification from the Association; ii) the implementer and its members participated in the KLA meetings; and iii) the members’ meetings directly participated in such meetings.
[Ground of recognition] Unsatisfy, Gap1-7's entries, the purport of the whole pleadings
2. Defendant C, which caused the Plaintiffs’ claim, joined the association on December 2, 2014 and exercised the right to sell the land for livelihood countermeasures, and all expenses incurred in the instant contract were borne by the Plaintiffs.