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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On May 26, 2014, the Plaintiffs sold in KRW 1,050,00,00 to Defendant D the F, G, H, I, I, J sites, and miscellaneous land at KRW 1,00,00.
(hereinafter “instant sales contract”). At the time of the said sales contract, Defendant D paid the Plaintiff the down payment of KRW 10 million, and the intermediate payment of KRW 700,000,000 to the Plaintiff until June 26, 2014, and KRW 340,000,000 until September 26, 2014 respectively.
The special terms and conditions of the instant sales contract include approximately 200 square meters (the sale price is KRW 100,000).
B. However, the Plaintiffs, who did not pay part payments by June 26, 2014, which was the date of the intermediate payment payment, rescinded the instant sales contract through the notice (Evidence A3) issued on August 1, 2014.
C. The air carrier (Evidence No. 2-1) taken by around 2013 of the land subject to the instant sales contract had the instant stable, and the air carrier (Evidence No. 2-2 of the A) taken around 2015 did not have the instant stable.
[Ground of recognition] Evidence Nos. 1 through 4, and No. 1
2. Although the plaintiffs' assertion of this case contained only the name of defendant D, defendant E also participated in the contract of this case as joint purchaser as defendant D's partner.
At the time of the instant sales contract, the Defendants demanded to remove one stable of a size of 200 square meters located on the instant land (hereinafter “the instant stable”) in advance for the purpose of lending intermediate payments.
The plaintiffs and the defendants stated that the special terms and conditions of the above sales contract include approximately KRW 200 square meters (the sale price is KRW 200 billion) in preparation for the case where the contract does not proceed as scheduled despite the removal of the stable of this case.
Since the Defendants’ removal of the instant livestock pens, the Plaintiffs rescinded the instant sales contract, and accordingly, the Defendants did not pay the intermediate payment under the instant sales contract.