매매대금반환
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 277,200,000 and the interest rate thereon from August 31, 2016 to the date of full payment.
1. Basic facts
A. On November 7, 2007, the Plaintiff entered into a sales contract with Defendant B to purchase KRW 252,00,000 (i.e., the remainder of KRW 25,200,000 (hereinafter “instant sales contract”) of KRW 252,00,000 for the purchase price of KRW 13,400,000, out of KRW 123,248,000 (hereinafter “instant land”).
B. Defendant C’s farming association (hereinafter “Defendant C farming association”) jointly and severally guaranteed the obligation pursuant to the instant sales contract against the Plaintiff by Defendant B.
C. In concluding the instant sales contract, the Plaintiff and the Defendants concluded a special agreement with the following terms:
1) The Defendants have the condition that, until May 30, 2008, the Plaintiff secure a road abutting on the part of the land purchased by the Plaintiff and obtain permission for the construction of sports facilities and management facilities such as playgrounds. 2) The Plaintiff bears expenses for road construction, authorization expenses, and KRW 10,000,000.
3) In the event that the Defendants failed to perform the above obligations, the costs including the purchase price and actual expenses shall be refunded to the Plaintiff, and the Plaintiff shall pay the Defendants the costs of authorization and permission for sports facilities. D. The Plaintiff paid 252,00,000 won to the Defendants. The Defendants divided the 10,156 square meters out of the instant land into Nowon-si, and completed the registration of ownership transfer in the Plaintiff’s name by dividing the 2,375 square meters out of the instant land into F in the name of the Plaintiff’s spouse, and completed the registration of ownership transfer in the name of G, which is the Plaintiff’s spouse. E. The Defendants failed to secure roads on the land purchased by the Plaintiff by May 30, 208, and failed to obtain authorization and permission from the competent authority for the construction of sports facilities and management facilities. [Recognition grounds] There is no dispute, and each entry (including the serial number, hereinafter the same shall apply) in the Evidence No. 1
- The purport of the whole pleadings
2. The parties' assertion
A. The Defendants of the Plaintiff are roads on the part of the land purchased by the Plaintiff.