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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The Defendant and the Plaintiff’s agent made the seller the Defendant and the buyer as the Plaintiff, and the seller as the Plaintiff, and the Plaintiff’s agent made a sales contract with the content that KRW 32 million for the purchase price of E, F, G, H, and I land size of KRW 1,61 square meters (hereinafter “instant land”) in Chuncheon-si (hereinafter “instant land”) and KRW 2,50 million for the loan amount of KRW 2,000,000,000 for the loan amount of KRW 2,50,000 for the special agreement, and the intermediate payment of KRW 62,00,000 for the intermediate payment shall be paid on April 25, 2013, and the remainder of KRW 20 million shall be paid on May 30, 2013.
The date of preparation of a sales contract is written on June 27, 2012.
2. On June 27, 2012, Plaintiff B entered into a sales contract with Defendant on the same terms and conditions as the instant sales contract with the Plaintiff, but the buyer was the Plaintiff, and the Defendant was also aware of such fact.
Plaintiff
B paid to the Defendant the sum of KRW 15,300,000,000 to the intermediate payment and the remainder pursuant to the sales contract, the Defendant declared that the sales contract would be rescinded on the ground of the Plaintiff’s failure to pay the purchase price. The instant land was sold to a third party.
Since the Defendant’s obligation to transfer the ownership of the instant land was impossible by selling the instant land to another person, the Plaintiffs are released from the sales contract by serving the instant complaint on the grounds of impossibility of performance due to the Defendant’s fault.
The Defendant shall return to the Plaintiffs the purchase price of KRW 15,30,000,000 received from the Plaintiffs as restitution following the cancellation of a sales contract, and return the purchase price of KRW 15,30,000,000 as unjust enrichment, and ② shall pay KRW 33,20,000 as compensation for damages equivalent to the down payment, and ③ shall return the interest paid by the Plaintiffs on behalf
3. First of all, with respect to the Plaintiff’s assertion, even if based on the Plaintiff’s assertion, Plaintiff A lent only the name of the buyer of the sales contract to Plaintiff B, and is not the party to the sales contract.