Text
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 9, and Eul evidence Nos. 1 and 2:
The Defendant is a person who has performed the sales agency business with the trade name of G, E-do 814 square meters of forest land (hereinafter referred to as “instant forest”).
B. Around April 3, 2008, the seller was H, and the Plaintiff purchased KRW 543 square meters of the forest land of this case in KRW 94,00,000 among the forest land of this case, and the Plaintiff B prepared a sales contract with intent to purchase KRW 271 square meters of the forest land of this case in KRW 47,00,000 among the forest land of this case, and the Plaintiffs paid all the above sales proceeds around that time.
2. Determination on the cause of the claim
A. The summary of the plaintiffs' assertion was that at the time of selling the forest of this case by proxy to the plaintiffs, D Co., Ltd. (hereinafter "D") completed road construction and site construction so that the forest of this case can be used as the site for electric source housing, and the plaintiffs purchased the forest of this case in trust of the defendant's horse.
However, since it was issued a non-permission disposition on development activities due to the reasons that the forest of this case is already in conflict with the legal scale of permission for development activities, D could not execute road works or site construction on the forest of this case
The defendant, a person conducting the sales agency business of the forest of this case, has been negligent in confirming whether the road works and the site construction are possible in the forest of this case, thereby causing damage to the plaintiffs who purchased the forest of this case with the defendant's horse. The amount of such damage is equivalent to KRW 141,00,000 (=94,000 + KRW 47,000 + KRW 47,000) at the purchase price of the forest of this case and KRW 84,280,000 at the time of the purchase by the plaintiffs (= KRW 141,00,000 - KRW 84,280,000), which is the difference between the market price of the forest of this case at the time of purchase by the plaintiffs (= KRW 56,280,000).
Therefore, the defendant.