1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. On May 30, 2019, Defendant C entered into a contract (hereinafter referred to as “instant sales contract”) under which the purchase price is KRW 40,000,000, and the first intermediate payment is KRW 60,000 (payment date: May 31, 2019), the second intermediate payment is KRW 315,00,000 (payment date: June 10, 2019); the remainder is KRW 3,65,00,000 (payment date: June 10, 2019); the remainder is KRW 3,65,00,000 (payment date: July 15, 2019).

B. At the time of the instant sales contract, the Plaintiffs and Defendant C agreed to the effect that “if the seller or the purchaser fails to fulfill the terms and conditions of this contract, the other party may demand in writing the person who failed to perform the contract, may rescind the contract, claim damages arising from the rescission of the contract to the other party, and claim damages based on the contract deposit.

C. Defendant C paid KRW 40,00,000 on the day of the sales contract as down payment, but the intermediate payment payment was not paid to the Plaintiff on July 3, 2019, notified the Plaintiffs of the cancellation of the sales contract on the ground that the intermediate payment was not paid, and the said KRW 40,000,000 was confiscated on the ground of the Plaintiffs’ nonperformance of obligation.

On the other hand, on May 30, 2019, Plaintiff A entered into a consulting agreement with Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the content that the Defendant Co., Ltd provides various consulting services (investment, taxation, etc.) following the acquisition of the instant real estate, and that the said Plaintiff shall pay 40,000,000 won to the Defendant Co., Ltd. as remuneration (hereinafter “instant consulting agreement”).

Plaintiff

A paid 4,000,000 won as down payment to the Defendant Company on the day of the contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. Judgment on the plaintiffs' primary claims

A. Determination as to the claim against Defendant C (1)