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1. The Defendant’s respective KRW 17,418,80 for each of the Plaintiffs, and 5% per annum from December 4, 2014 to May 3, 2016, respectively.
Reasons
1. Basic facts
A. On October 28, 2010, the Plaintiffs (a sales contract between the Plaintiffs and the Defendant) are 2,291 square meters and G 195 square meters (hereinafter “instant land”) in Gyeyang-si from E on October 28, 2010.
(2) On September 5, 2012, the Plaintiffs sold the instant land to the Defendant at KRW 61.6 million, and received down payment KRW 60 million from the Defendant on the same day.
(B) The above sales contract between the plaintiffs and the defendant was "the sales contract of this case"
1) The Defendant purchased the instant land in order to install excreta and waste disposal facilities. At the time of concluding the instant sales contract, the Plaintiffs and the Defendant stipulated a special clause that “if the purpose of the buyer’s use is not consistent with the purpose of the buyer’s use, the contract becomes null and void and the down payment is returned to the buyer.” 2) The Defendant did not accept an application for a building permit for the installation of excreta and waste disposal facilities for the Defendant’s mass city. The Defendant decided to cancel the instant sales contract with the Plaintiffs around November 27, 2012, and received only KRW 40 million from the Plaintiffs’ down payment.
C. 1) Prior to selling the above land to the Plaintiffs, E, the former owner of the instant land, paid KRW 32,871,300 of the farmland diversion charges in Gyeyangsan, and obtained a building permit. 2) As the instant land was sold to the Defendant via the Plaintiffs, the Defendant acquired all the rights regarding the farmland diversion charges already paid from E, and was transferred in the name of the building permit for the said land.
3. The building permit for the instant land remains in the Defendant’s name without changing its name even after the rescission of the instant sales contract.
On May 15, 2014, the Defendant revoked the application for a building permit at Yangsan-si, and the said building permit on May 16, 2014.