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1. The part of the claim for nullification of the sales contract in this case is dismissed.
2. The plaintiffs' remaining claims.
Reasons
1. Facts of recognition;
A. The plaintiffs are companies with the purpose of managing and operating industrial complex development, real estate sale, sales agency business, etc., and who develop and sell D industrial complex from E in racing-si.
The defendant is a company whose purpose is the final disposal business, interim disposal business, etc. of wastes.
B. On November 12, 2013, the Defendant concluded a sales contract with the Plaintiffs and the Defendant for the sales contract (hereinafter “instant sales contract”) with the buyers regarding the waste disposal facilities (area: 79,000 square meters, size 23,897 square meters) in the D industrial complex located in Fil-si on November 12, 2013.
(2) On November 12, 2013, the Defendant paid KRW 500 million to the Plaintiffs the down payment of the instant sales contract. On November 19, 2013, the Defendant paid KRW 500 million to the Plaintiffs the first intermediate payment to the Plaintiffs on November 19, 2013, which is subsequent to the establishment of the right to collateral security of KRW 1.2 billion to the real estate indicated in the attached list.
C. The Plaintiffs filed a lawsuit seeking cancellation of the registration of collateral security against the Defendant on the ground that the instant sales contract cannot be maintained as it was due to the Defendant’s default of payment of intermediate payment, etc., or due to the change in the content of the public notice on industrial complexes, and thus, it was legally rescinded ( Daegu District Court Decision 2015Gahap2959, hereinafter “the first instance case”), and the above court rendered a judgment dismissing the Plaintiffs’ claim.
Since then, the plaintiffs' appeal and appeal were dismissed, and the above judgment became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers if there are branch numbers), the purport of the whole pleadings
2. Article 32 of the Industrial Sites and Development Act and Article 30(1) of the Enforcement Decree of the same Act provide that a project executor commences a development project after obtaining approval of an implementation plan for an industrial complex.