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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
The gist of the plaintiffs' assertion between the defendant and the defendant, the plaintiffs entered into a sales contract with the content that the plaintiffs purchase earth and sand (hereinafter "the instant earth and sand") generated from the site of housing site development of 5270 square meters in Ansan-dong, Dong-dong, where they were owned by D from the defendant, for KRW 170,000,000 (hereinafter "the instant sales contract"), and according to the instant sales contract, the plaintiffs Gap paid KRW 60,000,000 in total to the defendant and KRW 160,000 in total (= KRW 60,000,000 in total) and KRW 160,000 in total (= KRW 60,000,000 in total) at the defendant's request, and the plaintiff Gap paid KRW 10,000,000 in total to G and KRW 18,000 in accordance with the defendant's request.
As above, the Plaintiffs paid a total of KRW 188,00,000 (=160,000,000 KRW 18,000,000) in excess of the purchase price of the instant soil and sand, and thereafter, since the Defendant’s obligation to deliver the instant soil and sand was impossible to perform, the Plaintiffs are subject to cancellation of the instant sales contract, and the Defendant must return the said money to the Plaintiffs. If the sales contract was not concluded between the Plaintiffs and the Defendant, the Defendant must return the said money received from the Plaintiffs without any legal cause. If it is deemed that the instant sales contract was not concluded between the Plaintiffs and the Defendant, the Defendant must return the said money to the Plaintiffs.
Therefore, as unjust enrichment, the Defendant is obligated to return to the Plaintiff A KRW 88,000,000 (=60,000,000 won) and KRW 18,000,000 to the Plaintiff B, respectively.
Judgment
First, we examine whether the instant sales contract was concluded between the Plaintiffs and the Defendant.
If Gap evidence Nos. 1 through 6, and the testimony of witness H added the purport of the whole argument, the fact that the plaintiff Gap, an internal director of the IF, transferred KRW 130,000,000 to the defendant around March 22, 2016 (including KRW 70,000,000, which was paid from the plaintiff B), KRW 10,000,000 to F on March 25, 2016, and KRW 18,000,000 to G on March 29, 2016, respectively.