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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. In the process of arranging the Empic sales business conducted by Plaintiff A and D, the Plaintiffs delegated the right to dispose of each land indicated in the separate sheet (hereinafter “each land of this case”) registered as owned by the Plaintiffs to D.
B. On September 4, 2015, D, representing the Plaintiffs, concluded a sales contract with the Defendant for each of the instant land at KRW 200,000,000 (hereinafter “instant sales contract”) and subsequently, on September 8, 2015 and September 17, 2015, the registration of ownership transfer for each of the instant land was completed in the Defendant’s future.
[Ground of recognition] Facts without dispute, Gap evidence 2 and Eul evidence 1 and 3 (if there is no separate indication, including branch numbers; hereinafter the same shall apply), witness D's testimony, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant is obligated to pay the plaintiffs the purchase price of KRW 200,000,000 and delay damages thereon.
B. The Defendant’s defense 1) In the instant sales contract, the summary of the Defendant’s defense was as follows: (a) the Defendant agreed to take over the obligation of collateral security amounting to KRW 120 million, which was set up on each of the instant land; and (b) the Defendant assumed the obligation of collateral security from the purchase price; and accordingly, the Defendant assumed the obligation of collateral security; and (c) the Defendant paid the remainder of the purchase price of KRW 80 million to the Plaintiffs via D; (b) the specific judgment on the acquisition of the obligation of collateral security amounting to KRW 1220 million in total was fully performed; (c) the written evidence No. 1-2 and No. 2; and (d) the purport of the entire pleadings in witness D’s testimony is added to ① the special agreement on the real estate sales contract submitted by the Plaintiffs on August 27, 2014; and (d) the loan amount registered on September 29, 2014 as the beneficiary No. 12945, Feb. 12, 2014.