1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Based on the facts, the Defendant and C’s running the instant project is a company that engaged in a housing construction project, etc. (hereinafter “instant project”) in C Co., Ltd (hereinafter “C”) and Kim Jong-si D.

C and the Defendant concluded a land sales contract with E, F, G, etc. (hereinafter “instant landowner”) for the instant project implementation.

The instant landowner filed a lawsuit to confirm the invalidity of the sales contract and to confirm the non-existence of the obligation to return the down payment, on the grounds that the above sales contract becomes null and void due to reasons attributable to C and the Defendant. Since C and the Defendant were unable to perform their obligation to transfer ownership due to their fault, they filed a counterclaim claiming the payment of the down payment amount due to nonperformance.

On March 14, 2013, the Busan District Court dismissed the part of confirmation of invalidity of the sales contract among the main claim filed by the above land owners, and cited the part of confirmation of non-existence of the obligation to return the down payment, and rejected the defendant's counterclaim (Seoul District Court Branch Decision 2011 Gohap2943, 201 Gohap3724, 201Gahap4871, 2011Gahap5355, 2011Gahap10319, 20319, 2019). The Seoul High Court reversed the part of the judgment below against the defendant's main claim and the defendant's counterclaim, and reversed the part of the judgment below against the Seoul High Court relating to the counterclaim and the part against the defendant's counterclaim (Seoul High Court Decision 2013Na30377 (main claim), 2013 or 304, 3004, 3051, 3057, 2005).

[Supreme Court Decision 2014Da34690 (main office), 2014Da34706, 34713, 34720 (combined), 2014Da34737 (Counterclaim)] The reversed and remanded Seoul High Court.