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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 26, 2014, the Plaintiffs entered into a sales contract with the Defendant on the purchase price of KRW 19,240 square meters for Pyeongtaek-si E Forest (hereinafter “instant real estate”) from the Defendant in the presence of broker D (hereinafter “instant sales contract”). According to the said sales contract, KRW 100,000,000 for a down payment of KRW 100,000 on the date of the contract, and the remainder of KRW 1,90,000,000 for a down payment was developed into the instant real estate as a multi-unit housing site, and finally paid a balance after receiving a security loan from the bank and receiving a transfer of ownership until July 15, 2014. As a special agreement, the Plaintiffs decided that “if the permission was dismissed as a multi-unit housing site, the sales is null and void if it is dismissed.”
B. The Plaintiffs paid the Defendant the down payment of KRW 100,000,000 on the day of the above sales contract, and thereafter, the remainder payment was not sufficient, and each of the Plaintiffs paid KRW 12,00,000,000 on July 28, 2014 as the intermediate payment.
C. Meanwhile, a broker: (a) agreed with the Plaintiffs to find the Defendant; (b) requested the change of the purchase price and the purchaser; and accordingly, (c) a sales contract (hereinafter “instant sales contract”) was formulated regarding the instant real estate as of April 20, 2014; and (b) according to the above sales contract, the purchase price was reduced to KRW 1,870,000,000; and (c) the buyer was changed to F and one other.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 6-4, the purport of the whole pleadings
2. The parties' assertion
A. Although the Plaintiffs filed an application for permission to divert the instant real estate on May 29, 2014, according to the Ordinance on the Urban Planning of Pyeongtaek-si, where the average slope level is at least 15 degrees, permission to engage in development activities cannot be granted. Since the average gradient of a significant portion of the instant real estate is at least 16.58 degrees, permission to divert the mountainous district cannot be granted.