매매대금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On January 11, 2010, the Defendant asserted that the Defendant concluded a sales contract with the Plaintiff to set the sales price of KRW 562,500,000 with respect to the purchase price of the instant apartment at KRW 2802,4704, the Seo-gu Incheon (hereinafter “instant apartment”). On the same day, the Plaintiff and the Plaintiff entered into a sales contract with the Plaintiff at KRW 598,60,000 with respect to the sale price of the instant apartment at KRW 2802,2301. On the same day, the sales contract was concluded between the Plaintiff and the Plaintiff C with the Plaintiff at KRW 578,80,000 for the sale price of the instant apartment at KRW 3103, 2802,000 for the instant apartment at KRW 2802,00.
(2) The Plaintiffs paid to the Defendant the amount equivalent to 10% of the parcelling-out price according to each of the instant parcelling-out contracts, respectively, as down payment.
The Defendant calculated an excessive price of at least KRW 9 million compared to the market price of the neighboring land at the time of each of the instant sales contracts, and the Defendant had been equipped with all public facilities, such as schools, government offices, police stations, general hospitals, etc., but up to now, such facilities were not equipped. After each of the instant sales contracts, the Plaintiffs suffered a significant loss in the event that the Plaintiffs are fully paid the sale price and move in due to the decline in real estate prices, and the Plaintiffs did not sell the apartment at present and lose their ability to pay the intermediate payment.
Therefore, the plaintiff's delivery of the copy of the complaint of this case due to the above reasons or changes in circumstances. Thus, the defendant is obligated to pay 7 million won for the plaintiff A and B as part of the down payment already paid to the plaintiffs, and 8 million won for the plaintiff C as well as 8 million won for the delay.
2. The Plaintiffs conclude each of the instant sales contracts in addition to each supply contract and each receipt, which is evidence of the conclusion of each of the instant sales contracts and the payment of down payment.