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1. The plaintiffs' claims against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 11, 2014, the Plaintiffs purchased KRW 650,000 of the purchase price for each of the instant land as indicated in [Attachment List No. 1 (hereinafter “instant site”) and road shares listed in [Attachment List No. 2 (hereinafter “instant road shares”; hereinafter “each of the instant land” in combination with the instant site, and paid KRW 50,000,000 to the Defendants for the remainder of KRW 600,000 at the time of the contract and the remainder of KRW 600,000 at the time of the contract (hereinafter “instant contract”), and paid KRW 50,000,000 to the Defendants over the period between March 11, 2014 and December 12, 2014.
B. According to the results of the survey conducted after the instant sales contract, the area on the real estate register of the instant site is 950 square meters (287 square meters), and the actual area of the said site is 822 square meters (248 square meters).
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 4-1 and 4-2, the result of the measurement and appraisal commission to the Korea Cadastral Corporation, the purport of the whole pleadings
2. Judgment on the plaintiffs' assertion
A. Determination 1 on the Claim for Rescission 1) The purchase and sale based on the instant sales contract’s assertion is free of charge the instant road shares, and the volume of the instant site was designated for the sale and purchase price of KRW 2,260,000, and the Plaintiffs purchased each of the instant land to newly build and sell four bonds on each of the instant land. The Plaintiffs were unable to promote the instant project due to the lack of the area of the instant site. If the Plaintiffs were to have known of such circumstances, they would not enter into the instant sales contract, and thus, the Plaintiffs rescinded the instant sales contract pursuant to Articles 574 and 572(2) of the Civil Act on July 18, 2014. Accordingly, the Defendants jointly and severally recover to the Plaintiffs, thereby returning the down payment of KRW 50,00,000, and delay damages therefrom.