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1. The defendant,
A. 40,092,800 won to Plaintiff A and 5% per annum from April 20, 2012 to February 15, 2017, respectively.
Reasons
1. Basic facts
A. On April 12, 2012, Plaintiff A entered into the instant sales contract with the Defendant to purchase at KRW 40,092,80 of the purchase price of KRW 1,772 square meters (which is currently divided into E forest and field part; hereinafter “instant land”) among the three parcels, including Gangwon-gun, Gangwon-gun, and KRW 40,092,80, and paid the full amount of the purchase price to the Defendant around April 20, 2012.
B. On January 14, 2012, Plaintiff B entered into the instant secondary sales contract with the Defendant to purchase KRW 66,00,000 of the purchase price of KRW 3,306 square meters (which is currently divided and divided into E forest, and is part of E forest; hereinafter “instant land”). On February 21, 2012, Plaintiff B and the Defendant paid the full amount of the purchase price.
C. On May 9, 2012, Plaintiff C entered into the instant third sales contract with the Defendant to purchase KRW 826 square meters (which is currently divided and divided into E forest, and is part of E forest; hereinafter “instant third land”) among the three and three parcels, and paid the full amount of the purchase price to the Defendant around May 15, 2012.
【Ground for recognition” without any dispute, Gap evidence 1, Eul evidence 2-3, Gap evidence 3-1-5, Gap evidence 4-1-3, the purport of the whole pleadings
2. Assertion and determination
A. 1) The Defendant did not perform the obligation to register the ownership transfer of each of the instant lands after changing the form and quality thereof for a considerable period of time even after the Defendant received full payment of the purchase price of each of the instant lands from the Plaintiffs. Therefore, the Plaintiffs rescinded each of the instant sales contracts by delivering the duplicate of the instant complaint on the grounds of the Defendant’s delay of performance of such obligation. Therefore, the Defendant is obligated to return each of the instant purchase price to the Plaintiffs. 2) At the time of concluding each of the instant sales contracts with the Plaintiffs and the Defendant, the Plaintiffs and the Defendant’s intent are planted in each of the instant lands by planting the non-public trees.