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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On April 9, 2018, the Plaintiffs entered into a real estate sales contract with Defendant C and D (hereinafter “Defendant C, etc.”) with respect to the purchase price of KRW 8077 square meters of forest land in Jeju-si (hereinafter “instant land”) at KRW 1.465 million, and the down payment of KRW 145 million was KRW 1,500,000,000,000,000 for each payment on July 11, 2018.
(hereinafter referred to as the "instant contract"). (b)
Defendant C, etc., the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) remitted total of KRW 70 million from April 2, 2018 to April 12, 2018, and KRW 150 million from April 2, 2018 to April 11, 2018, the Plaintiff Co., Ltd. (hereinafter “B”) paid KRW 175 million, including the total of KRW 150 million from April 2, 2018 to April 11, 2018, and paid KRW 150 million under the initial agreement.
C. Meanwhile, Plaintiff B paid KRW 10 million to Defendant E, respectively, as the intermediary fee for the instant contract, on April 13, 2018, and KRW 5 million each on May 4, 2018, and May 10, 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings
2. Determination as to the claim against Defendant C, etc.
A. The Plaintiffs asserted that they concluded the instant contract with the purpose of constructing electric power units on the ground after purchasing and dividing the instant land.
The fact that the plaintiffs purchase the land of this case for the construction of electric source housing is already agreed upon with the parties.
However, the land of this case had a legal disability that could not construct the house of electric power source on the ground, and the plaintiffs cannot achieve the purpose of the contract of this case due to the above defects, and thus, they seek the cancellation of the contract under the Civil Act and the return of the down payment paid to the defendant C, etc.
Therefore, Defendant C et al. jointly share KRW 72.5 million to Plaintiff A, KRW 12.5 million to Plaintiff B, and each of them.