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The plaintiffs' appeal and the selective claims added by this court are dismissed, respectively.
after the filing of an appeal.
Reasons
1. Basic facts
A. On July 10, 2018, the Plaintiffs entered into a sales contract (i) the land of Pyeongtaek-si E, owned by Defendant C, with 15,267 square meters of forest land (hereinafter “one land”).
() A contract was concluded to purchase the purchase price of KRW 4,493,00,000. Of the above purchase price, KRW 450,000,000, the down payment of KRW 450,000,000 was paid in November 30, 2018 when entering into a contract; and the Plaintiffs paid the down payment to Defendant C. (2) On July 10, 2018, the Plaintiffs entered into a contract to purchase KRW 6/7, and KRW 873,00 (hereinafter “second-party land”) for KRW 257,00,00,000 (hereinafter “instant sales contract”).
Of the above purchase price, KRW 50,000,000, the remainder KRW 207,000,000, respectively, was paid in November 30, 2018 when concluding a contract, and the Plaintiffs paid the said down payment to the Defendants.
3) The main contents of the instant sales contract are as follows. Article 1 (Purpose of the instant contract) “B, etc.” is to purchase the said real estate and use it for the business site of automobile-related facilities (vehicle juries, neighborhood living facilities, dormitories, and warehouses). The remainder of the sale price and payment date shall be November 30, 2018, and the building report and the permission for development activities before that date, may be advanced for the payment date of the remainder. Article 6 (Cancellation of Contracts) “A, etc.” may reimburse “B, etc.,” “B, etc.,” and “B, etc.,” may waive the contract deposit agreed to “A, etc., and cancel the contract.” Article 7 (Penalty for Negligence and Compensation ① If the contract is rescinded due to a violation of the obligations stipulated in this contract by the parties, the other party may claim a penalty for breach of contract termination.
(2) The standard for penalty shall be the double amount of down payment.
(3) The contract for penalty under this Article shall have the nature of penalty as a penalty to secure the performance of obligations.