1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

가. 원고들의 토지 매수 원고들은 2010. 4.경 부동산 개발 컨설팅업자인 D으로부터 별지 기재 각 토지(이하 ‘이 사건 토지’라 한다)에 관하여 ‘3개월 안에 30,000평(≒ 99,173.554㎡)까지 인허가받아 관광농원으로 개발할 수 있다’는 설명을 듣고 2010. 6. 7. 이 사건 토지의 각 소유자들로부터 이 사건 토지를 매수하면서 잔금지급기일을 3개월 후인 2010. 9. 7.로 정하고 이를 위반할 경우 계약금은 매도인에게 귀속시키기로 약정하였다.

Accordingly, the plaintiff B paid the down payment of KRW 280 million from the seller, and received a written consent to the use of the land for one year from the seller.

B. On June 7, 2010, the Plaintiffs prepared D’s performance memorandum that “The Plaintiffs are responsible for obtaining authorization from D to September 7, 2010 in the instant land sales contract,” and that “if authorization or permission is not obtained by the aforementioned date, the Plaintiffs shall be fully responsible for the initial expenses, such as the down payment and design cost, of the instant land, and the Plaintiff paid KRW 20 million to D in return for the said consulting, respectively.

C. Plaintiff B and the Defendant’s service contract concluded between Plaintiff B and the Defendant, etc. (hereinafter “instant service contract”) with the Defendant operating “E” on June 7, 2010, and the “F development project” on the instant land (hereinafter “F development project”).

(i) a service contract (hereinafter referred to as “survey and design service contract”) such as survey, design, overall authorization, permission, etc. with respect to the area;

(2) The Plaintiff B concluded a contract for the preliminary examination of environmental feasibility with E&D Engineering Co., Ltd. on the same day and paid the down payment of KRW 13.5 million to the Defendant on August 6, 2010 in accordance with each of the above services contract, while the Plaintiff B entered into a design services contract with the soil bank in the construction office. (2) The Plaintiff B entered into the said services contract with the Defendant on August 6, 2010, in accordance with each of the above services contract.