계약금 반환청구의 소
1. The plaintiffs' appeal against the defendants and the plaintiff's preliminary claim added in the trial are all dismissed.
2.
1. The reasoning of the court's explanation concerning this case is as follows, and this court's explanation is consistent with the reasoning of the judgment of the court of first instance, except for the following additional determination as to the plaintiff A's conjunctive claim added at the additional proposal and the trial of the court of first instance. Thus, this court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiffs held as to the additional note: (a) concluded that the seller’s undertaking on April 23, 2014 (No. 1; hereinafter “the instant undertaking”) was infinite to the effect that the seller’sN did not have any construction permission on the instant land; (b) the said undertaking was a conditional legal act under the condition that the construction permission may be completed and revoked by the Defendants’ deception or that the construction permission would be granted; and (c) accordingly, the said agreement was not effective on the ground that there was no fixed payment date; and (d) the Defendants were required to notify the Plaintiff of the performance of the obligation to pay the remainder within a reasonable period of time in order to cancel the sales contract on the grounds that the Defendants failed to perform the obligation to pay the remainder; (b) the Defendants notified the cancellation of the sales contract without such peremptory notice.
However, even if the testimony of the witness T in the evidence submitted by the plaintiffs, the above commitment was prepared by the defendants' deception.
It is difficult to deem that the instant land was prepared under the condition that a building permit was granted to it, and rather, the instant promise states that “I would pay the balance to the Plaintiff (Plaintiffs) by June 30, 2014, regardless of the terms and conditions of the permission, and if I would not comply with the said terms and conditions until June 30, 2014 (the date, June 31, 2014, appears to be clerical error; hereinafter the same shall apply), I would give up the down payment, regardless of the fact that I would obtain a building permit for the instant land, and would continue to pay the balance of the purchase price.”