A. On August 31, 2010, the Plaintiff concluded a contract with Defendant C to remove earth and sand at the site of the E-owned Housing Village, which was planned on the land of Pyeongtaek-si D 22,975 square meters (hereinafter “the instant land”) owned by Defendant A (hereinafter “the instant land”) on behalf of Defendant C, and paid KRW 100 million for the Plaintiff’s down payment, KRW 17,000 for each 24t truck at the time of installation of signal lights, etc., KRW 15,00 for each 24t truck at the time of installation of signal lights, etc., KRW 15,000 for each 24t truck at the time of installation of signal lights, etc., and the construction period shall be eight months from the date of release (hereinafter “the following”) for the soil and sand removal contract under the name of Defendant A, and paid KRW 100 million for the down payment under the passbook in Defendant A’s name.

B. On August 12, 2011, the Plaintiff and the Defendants had not properly carried out earth and sand under the above contract: (a) “(i) cancel the agreement on the above soil and sand shipment contract; (ii) return to the Plaintiff KRW 117,00,000,000,000, including the principal and interest of the above contract, until November 10, 201, for the settlement of the said down payment; (iii) upon completing the registration of establishment to secure the above refund claim to the Plaintiff; and (iv) if Defendant A is unable to pay the said money by November 10, 201, the Plaintiff completed the registration of establishment to secure the above refund claim to the Plaintiff by November 10, 201, the establishment of a neighboring registration to secure the above refund claim to the Plaintiff; and (v) settle the agreement to pay interest at the rate of 25% per annum from November 1, 2011 to the above money (hereinafter referred to as “instant agreement and the agreement”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-1, 2, 3, 4, and 7, and the purport of the entire pleadings as to the parties to the contract for the removal of earth and sand of this case by the defendants: The defendants can respond to the plaintiff's claim, because the parties to the contract for the removal of earth and sand of this case are not the defendants C, G, and H, the co-owners of the land of this case.