매매대금반환
1. All of the plaintiffs' claims against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On September 5, 2014, the Dispute Resolution Co., Ltd., the Plaintiff B’s spouse D, concluded a land sales contract with the Defendant to purchase KRW 1,277,00,000 for the purchase of KRW 5,279 square meters of the Fandong-gu, Yongsan-gu (1,597 square meters; hereinafter “the instant land” shall be recorded as the party’s assertion; hereinafter “instant land”); and around that time, the Credit Resolution Co., Ltd paid the Defendant the down payment of KRW 120,000,000.
B. The terms and conditions of the preceding contract include the following:
2.This contract shall be null and void at the time of nonpermission under the conditions of civil and construction authorization and permission and shall be refunded within five (5) days.
- The licence period shall be four months and shall be adjusted mutually, and if not, this Agreement shall be null and void.
- As a result of the survey, increases or decreases the amount to the extent that the difference arises when 30 square meters or more;
(hereinafter referred to as “pre-paid price adjustment clause”). (hereinafter referred to as “pre-paid price adjustment clause”)
C. Around October 2014, the LIM conducted a survey of the instant land on and around the pertinent land, that part of the building in the neighboring land (around 280 square meters) existed in the instant land. The LIM and the Plaintiff, around February 27, 2015, reduced the amount of approximately 85 square meters ( around 280 square meters) as a result of the survey of the area of the area of the land used in use of the authorization and permission by the Defendant on or around February 27, 2015, pursuant to the preceding payment adjustment clause, the sales amount was reduced to KRW 1,277,00,000 ( KRW 1,597 x 80,000 per square meter x KRW 1,277,600,000 per square meter x below KRW 1,209,60,000 per square meter) x 1,512 (1,597 square meters) x 800 square meters per square meter).
The Plaintiffs, who succeeded to the status of purchaser in the Dispute Resolution E, prepared a contract from the Defendant on February 3, 2015 (hereinafter “instant contract”) to purchase the instant land from the Defendant in KRW 1,243,60,000, and the terms and conditions of the instant contract include the following:
1.This contract shall be null and void on the condition of civil and architectural authorization and permission.