1. The plaintiff's claim against the defendant is dismissed.

2. The costs of the lawsuit shall be borne by the intervenor accepting the lawsuit.

1. On January 2017, the Plaintiff asserted between the Defendant and the Defendant in relation to the new construction of an apartment (hereinafter “instant construction”) executed by the Defendant in Daegu Northern-gu, Daegu-gu, the Plaintiff agreed to pay KRW 80 million to the Plaintiff with compensation to the Plaintiff (hereinafter “instant agreement”). The Intervenor linked the Defendant to the new construction of an apartment (hereinafter “instant construction”) to the Plaintiff, if the Intervenor’s Intervenor (hereinafter “ Intervenor”) connected the Si construction (hereinafter “instant construction”). The Intervenor linked the Defendant to the instant construction (hereinafter “instant agreement”).

Since then, around November 10, 2017, the Defendant decided to pay the agreed amount of KRW 80 million to be received by the Plaintiff (hereinafter “instant agreed amount”) in lieu of the down payment out of the parcelling-out price, and concluded a sales contract with the Plaintiff on the apartment subparagraph F.

The Defendant, around August 2018, transferred the above F F F F F F to a third party without any specific notification, but did not return the down payment to the Plaintiff or settle the instant contract amount.

Therefore, the defendant is obligated to pay to the intervenor who has taken over the plaintiff's claim for the agreed amount of the contract of this case the above agreed amount of KRW 80 million and damages for delay.

2. Around March 2019, the Defendant, upon the withdrawal of the instant lawsuit by the Plaintiff and the Plaintiff, agreed to withdraw the Plaintiff’s complaint in the relevant criminal case, and asserted that the Plaintiff withdrawn the complaint in accordance with the said agreement. However, the evidence submitted by the Defendant alone cannot be deemed to have agreed on the withdrawal of the lawsuit in the same content as the Defendant alleged above, and there is no other evidence to acknowledge otherwise.

Therefore, the defendant's main defense is without merit.

3. It is insufficient to acknowledge that the agreement of this case was reached between the Plaintiff and the Defendant solely with the entries of Gap evidence Nos. 1 through 6 and testimony of witness G as to the merits, and there is no other evidence to acknowledge it.

Therefore, the Intervenor is premised on the existence of the instant agreement.