가. 원고들은 2010. 4.경 부동산 개발 컨설팅업자인 피고 D으로부터 별지목록 기재 각 토지(이하 ‘이 사건 토지’라 한다)에 관하여 ‘3개월 안에 30,000평(≒ 99,173.554㎡)까지 인허가를 받아 관광농원으로 개발할 수 있다

“Along with the explanation and the promise that “if authorization or permission is not granted within three months, it shall be held liable”, the Plaintiff purchased the instant land from each owner of the instant land on June 7, 2010, and agreed on September 7, 2010, which is three months after the remainder payment date, to vest in the seller at the time of the violation.

Accordingly, the plaintiff B paid the down payment of KRW 280,000,000, and received a written consent from the seller for land use with the period of one year.

On the same day, the Plaintiffs were responsible for obtaining the authorization and permission from Defendant D until September 7, 2010 in the instant land sales contract, and were prepared and delivered a memorandum of performance stating that “If the authorization and permission is not granted until the said date, the Plaintiffs shall be fully responsible for the initial expenses, such as the down payment and design cost, of the instant land.” The Plaintiffs paid to Defendant D the amount of KRW 10,000,000 in return for the said consulting. < Amended by Presidential Decree No. 22347, Jul. 30, 2010; Presidential Decree No. 22355, Aug. 26, 2010>

B. On June 7, 2010, Plaintiff B entered into a service contract (hereinafter “survey design service contract”) for survey, design, overall authorization, etc. on the instant land (hereinafter “instant project”) with Defendant C, which operates the “E” and paid down KRW 91,60,000 for down payment.

In addition, the plaintiff B entered into a preliminary examination service contract between E&D Engineering Co., Ltd. and paid the down payment of KRW 13,500,000,000, and entered into a design service contract between the soil bank and the soil bank in the construction office.

Plaintiff

B above.