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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On November 12, 2015, the Plaintiffs purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant in KRW 667,920,00,000, and agreed to pay each of the remainder payment of KRW 240,000 on December 21, 2015, and the remainder of KRW 327,920,000 on May 31, 2016 (hereinafter “instant sales contract”). On the same day, the Plaintiffs paid KRW 100,000,000 to the Defendant on the same day.
B. The instant sales contract contains the following special terms and conditions: “The Defendant shall pay twice the amount received as down payment if he/she violates the contract, and if he/she violates the contract, he/she shall not claim the return of the down payment to the Defendant” (Article 8).
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 of real estate (Provided, That the previous parcel shall be determined by the seller) shall be registered at the time of the payment of the remainder, and the provisional registration of the purchase and sale of real estate shall be made at the time of the
However, expenses for provisional registration shall be borne by the purchaser.
C. On December 9, 2015, the Plaintiffs filed a request for the preliminary examination of complex civil petitions to ask whether the instant real estate can be granted a building permit, and on December 15, 2015, the Plaintiffs responded to the purport that “The area exceeding 1,000 square meters of the instant real estate, among the instant real estate, is not a permit for conversion, and the current access road (way) leading to the instant real estate is impossible.”
Accordingly, on December 17, 2015, the Plaintiffs revoked the instant sales contract and claimed the return of KRW 100,000,000 for the down payment, on the grounds that “The instant real estate was purchased as a unit of a unit of a unit of a house, and unlike the Defendant’s explanation, it is impossible to construct a house due to the same reason as the instant paragraph (c).”
(e) it;