매매대금반환 등
1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 9, 2006, the Plaintiff purchased the land located in Asan City F and the studio buildings (title: G; hereinafter “instant real estate”) from the Defendants at KRW 800 million.
B. At the time of the above sales contract, the Plaintiff, D, and E agreed that the Defendants shall take over the obligations of KRW 600 million against H Construction, the obligations of KRW 100 million against Nonghyup, and the obligations of KRW 98 million against the said real estate, and the remainder of KRW 2 million against the Defendants.
C. Paragraph 6 of the above terms and conditions of the real estate sales contract provides that “The sale and purchase of the instant real estate shall not transfer the registration in consideration of the convenience of the seller and the purchaser, and shall be maintained in the name of the defendant B until the two steps are taken place in the new city in the second half of the second half of the second half of the year of 2007, and the seller B pays the total amount of compensation and the migrants to the buyer without any condition.”
After that, the sales price stipulated in the above sales contract was changed to KRW 85 billion, and upon the request of the above buyers including the plaintiffs, the above buyers entered into an additional special agreement with regard to the acquisition of the obligations established in the instant real estate on July 25, 2006 (hereinafter referred to as the “instant sales contract, including the above modified sales contract and additional contract”). E.
However, around 2006, when the above sales contract was concluded, the area of Asan City I, where the instant real estate is located, was organized in the area subject to the J Housing Development Promotion Act (hereinafter “J area”) according to the relevant laws and regulations, such as the Housing Site Development Promotion Act.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, witness E, witness Eul's testimony, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is not a simple sales contract, but the Plaintiff provided financial services to the Defendants, and is repaid as development gains in the J district.