계약금반환 등
1. In accordance with the claim that was changed in exchange in this court, the Defendants each amounting to KRW 50,000,000 to the Plaintiff.
1. Facts of recognition;
A. On December 13, 2011, D purchased forest E 25,597 square meters (hereinafter “the instant forest”) from the Defendants in common from the Defendants in Gwangju-si, Gwangju-si, and paid the Defendants the down payment of KRW 200 million per contract and the remainder KRW 800 million per contract date and the remainder amount of KRW 800 million, whichever is paid on March 30, 2012, shall take over the same amount of the instant forest as the instant forest in lieu of the payment, and if the Defendants violate the date of the remaining payment, they shall not return the down payment and recover the down payment to the seller” (hereinafter “the instant special agreement”), and paid the Defendants the down payment of KRW 200 million.
B. D obtained permission for conversion of a mountainous district for the instant forest corresponding to quasi-preserved mountainous district, and entered into the instant contract for the purpose of using it as a building material yard, etc. among them, D applied for permission for conversion of a mountainous district in the name of Gwangju City under the name of ASEAN with the consent of the Defendants as to the use of land around January 2012.
C. On March 27, 2012, when three days prior to the payment date of the remainder of the instant contract, D requested the Defendants to extend the payment date by May 16, 2012 on the ground that the permission for conversion of mountainous district was delayed and the loan was not received. However, the Defendants refused the request and notified D on April 2, 2012 that the instant contract was rescinded due to the remainder payment due to the instant special agreement.
On September 17, 2012, the rejection disposition was made in accordance with the return form on the ground that the application for permission for conversion was rejected in the review of urban planning.
E. The Defendants acquired the rights under the instant contract from D around June 2013, on the premise that the contract was rescinded and the down payment was confiscated as to the Plaintiff, who was to obtain permission for the conversion of a new mountainous district and would perform the instant contract.