계약금 등
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is as follows: (a) each “Witness D” in the last sentence of the judgment of the court of first instance and the six pages 6 and 7 shall be deemed as “Witness D”; (b) 5 pages 9 and 17; and (c) each “173 square meters” in the 6th page 18 and 19 shall be deemed as “363 square meters,” respectively; and (d) as to the assertion that the plaintiffs emphasize or add this Court:
2. Except for the addition of “additional determination”, the reasoning of the judgment of the first instance is the same as that of the judgment of the court of first instance.
2. Additional determination
A. According to the sales contract of this case’s non-performance liability, the Defendant is obligated to remove the defects and burden of rights to the Plaintiffs and transfer full ownership. However, according to the design of this case, the shop design of this case was in progress at the time of the conclusion of the sales contract of this case. According to the design of this case, it was highly probable that the plan will be established in the future, barring any special circumstances, since part of the land of this case was incorporated into an expressway, and the area to be incorporated and the restriction on development activities in the clearance zone under the relevant laws and regulations, the land of this case is in fact the land of this case. Therefore, this circumstance constitutes the defect of the right existing in the land of this case, and the Defendant is unable to remove the defect and perform the duty to transfer full ownership as stipulated in the sales contract of this case, and its cancellation is legitimate. Accordingly, the Defendant shall pay to the Plaintiffs the amount of the down payment received from the Plaintiffs as the scheduled restitution and compensation for damages.) The Plaintiffs, on the ground of mistake, purchased the land of this case and notified the Defendant of this motive.
However, due to the above defects.