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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 December 31, 2015, D, etc., on whose behalf the Plaintiff A was to prepare a sales contract between the Plaintiff, etc. and the Defendants, drafted a real estate sales contract (Evidence A No. 2) with the content that the Defendants purchase each real estate indicated in the separate sheet, in which the Defendants shared 1/2 shares, (hereinafter “instant real estate”). The details of the main part related to the instant case are as follows.
(hereinafter referred to as the “instant sales contract”). 2. Terms of contract: Amount of KRW 6.1 billion: Amount of KRW 500 million and amount of KRW 5.6 billion at the time of the contract. Balance: KRW 5.6 billion and date of payment are blank.
[Matters of special agreement]
3. At the same time as a real estate sales contract is concluded, a purchaser shall obtain permission for the development of a electric source house in the name of the seller;
4. After obtaining permission for the development of electric power resource housing in cooperation with both parties, the purchaser shall pay back the balance and transfer of ownership by making loans for financial rights secured by the sale and purchase real estate, but shall pay back the balance by 1 billion won out of the balance as second priority mortgage (the creation of a promissory note shall be 120% after the loan of a bank is finalized) until June 30, 2016.
(1) 5. After completion of authorization and permission, the seller shall provide the buyer with an application document for change of the name of permission and actively cooperate in the lending of financial rights.
6. The purchaser shall change the name of the corporation at the time of balance; and
7. If it is impossible to obtain permission for the development of electric power resource, the sales contract in this case becomes void without penalty, and the seller shall refund the down payment to the buyer.
Seller: Defendant B’s joint name: Plaintiff A and one other
B. On December 31, 2015, Plaintiff A’s agent for Plaintiff A paid down payment KRW 500 million to the Defendants according to the instant sales contract.
【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence Nos. 1, 2, 3, 5, 6, 11, and Eul’s evidence No. 18 (including each number), witness D, E, and F’s testimony, the purport of the whole pleadings
2. The summary of the parties' arguments.