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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On November 12, 2015, the Plaintiffs entered into a sales contract with the Defendant for each real estate listed in the separate sheet (hereinafter “instant real estate”) as follows (hereinafter “instant sales contract”), and paid the Defendant the down payment KRW 100 million on the same day.
Terms and conditions of a contract are KRW 667,920,000 down payment of KRW 100,000,000,000 for the contract at the same time as the contract is paid to the seller, and the intermediate payment of KRW 240,00,000 for the contract is paid on December 21, 2015, and the balance amount of KRW 327,920,00 is paid on May 31, 2016.
Article 2 In the sale of the instant real property, the purchaser shall pay the purchase price as follows:
b.Article 8. The seller shall pay twice the amount received as the down payment to the buyer when the seller has entered into this contract, and when the buyer has entered into this contract, the down payment shall be null and void and shall not claim the return thereof.
One-half of the total real estate sold at the time of the payment of the intermediate payment of special terms and conditions shall be determined by the transfer registration of ownership at the time of the payment of the remainder, and the registration of the purchase and sale reservation shall be made at the time of the first installment of the intermediate payment, and the registration of the transfer registration at the time of the payment of the intermediate payment shall be made at the time
However, expenses for provisional registration shall be borne by the purchaser.
B. On December 17, 2015, the Plaintiffs concluded the instant sales contract with the Defendant to create the instant real estate as a site for a electric source. Unlike the Defendant’s explanation, the Plaintiffs notified the Defendant that farmland among the instant real estate does not have a permit of more than 1,000 square meters, and that the current access road leading to the instant real estate is impossible to obtain a housing construction permit, and that the return of the already paid down payment KRW 100 million, on the ground that the instant sales contract was rescinded.
C. On December 28, 2015, the Defendant did not perform the obligation to pay part payments under the instant sales contract to the Plaintiffs.