1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Defendant D, who is the actual operator of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) asserted by the Plaintiffs, purchased 2,307 square meters and 2,007 square meters (hereinafter “the instant land”) prior to H in Yong-gun, Chungcheongnam-gun, and concluded a contract for the installation of solar facilities with the Defendant Co., Ltd within two months, the said Defendant D, who is the actual operator of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”). The Plaintiffs purchased each of the instant land and concluded a contract for the installation of solar facilities (hereinafter “instant installation contract”) with the Defendant Co., Ltd. on November 13, 2017.

However, the Defendants neglected to perform the Defendants’ obligations under the above installation contract, such as accepting the application for permission for solar power generation business and the application for power distribution line linkage to the competent authority later, and did not install solar power facilities on the grounds that the power line capacity of the transformation station exceeded.

Accordingly, the Plaintiffs rescinded the instant installation contract on the grounds of the Defendants’ nonperformance.

Since the establishment contract of this case was cancelled due to the reasons attributable to the Defendants, the Defendants are jointly and severally liable to pay the Plaintiff KRW 42.5 million (2.5 million paid as the down payment of the instant construction contract) to the Plaintiff and the Plaintiff B the amount of KRW 32.5 million (2.5 million paid as the down payment of the instant construction contract) (2.5 million paid as the down payment of the instant construction contract) and damages for delay on each of the said money.

Judgment

According to each of the evidence Nos. 1 through 5, and No. 3 (including paper numbers; hereinafter the same shall apply), the plaintiffs purchased each of the instant land on November 13, 2017 and completed the registration of ownership transfer on December 15, 2017 in their respective 1/3 shares in the name of the plaintiffs and the plaintiff A's fraud.