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1. Defendant B’s KRW 51,800,000 as well as 5% per annum from October 20, 2016 to February 23, 2017 to the Plaintiff.
Reasons
(a) basic facts.
A. The Plaintiff is a corporation whose main business purpose is the collection and collection of earth and rocks, the business of collecting earth and rocks, the business of screening aggregate, crushing, and the business of producing and selling aggregate. Defendant A and B are those who jointly own 1/2 shares of 16,851 square meters (hereinafter “instant land”). Defendant Hongsung-gun is the permission agency for development activities on the instant land.
B. On December 17, 2013, the Plaintiff entered into a real estate sales contract with Defendant A and B to purchase the instant land in KRW 1,750,000 (hereinafter “instant sales contract”). On the following day, the Plaintiff paid the Defendants KRW 175,00,000 as down payment. The details of the instant sales contract are as follows.
Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:
Any balance of KRW 1,575,000,000 on March 17, 2014 shall be the name limit on March 17, 2014.
3. Special terms and conditions* In the event of non-permission for development activities (e.g., crushing of aggregate) or excavation of cultural heritage, the sales contract of this case is automatically rescinded, and the seller shall return the down payment to the buyer on the day
* When a buyer has obtained a permit for development activities (aggravating and crushinging business), the buyer must pay the balance to the seller.
C. On December 26, 2013, the Plaintiff paid KRW 3,000,000 as a down payment for the civil engineering design for the instant land in the local civil engineering.
On January 7, 2014, the Plaintiff asked Defendant Hongsung-gun about whether “the instant land should be designated as a DNA water distribution area, and the ground surface inspection should be conducted in advance.” On January 10, 2014, the Defendant Hongsung-gun fell under the instant land as “D remains buried cultural heritage area,” and thus, the instant land constitutes a buried cultural heritage area prior to the implementation of the project.