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1. The plaintiffs' appeals and the claims added in the trial are all dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Reasons
1. The judgment of the court of first instance on the remainder other than the part claimed by the Plaintiffs as the grounds for appeal is identical to the corresponding part of the judgment of the court of first instance. Thus, in addition to adding the judgment on the grounds for appeal by the Plaintiffs as set forth in paragraph (2), the part on the grounds of the judgment of the court of first instance shall be cited by the main sentence of
2. Judgment on the grounds for appeal by the plaintiffs
A. The summary of the grounds of appeal 1) After paying to the Defendant the sum of KRW 400 million, including down payment 10 million and intermediate payment 300 million, the Plaintiffs informed that part of the instant land was used as a road and changed the settlement thereof to the Defendant. However, the Defendant did not settle this, and the Plaintiffs notified the rescission on the grounds of the Defendant’s nonperformance. As such, the Defendant is liable for nonperformance. 2) The warranty liability of the instant land was partially used as a road and cannot be used as a site, and the Defendant bears the responsibility for warranty against the defective parts.
3) Since the Defendant committed an illegal act by not notifying the Plaintiffs of the fact that part of the instant land was being used as a road, the Defendant is liable for damages arising from the illegal act. 4) The Defendant is jointly liable for nonperformance, warranty liability, or tort liability as above, and the amount of damages is the estimated amount of damages equivalent to the down payment under Article 6 of the sales contract of this case.
(2) The Plaintiff asserted that the difference between the amount acquired by the Defendant for resale of the instant land to a third party in relation to tort liability and the sales price of the instant sales contract constitutes damages as a performance profit).
Judgment
As stated in the judgment of the court of first instance with respect to default liability, the land of this case is registered.