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1. The plaintiffs' respective claims against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Defendant C is a private school corporation with the objective of establishing, maintaining, and managing the FF High School and G High School located in Ansan-gu, Ansan-si, and Defendant D is the chief director of Defendant C of this case.
B. Around 2009, the Plaintiffs introduced themselves as a foundation director who supervises Defendant C’s school relocation and site development projects, along with Nonparty H, to proceed with the relocation of the school site owned by Defendant C and the new construction project of multi-family housing.
C. Meanwhile, around early 2005, H received KRW 1.5 billion from Non-Party I to Non-Party C’s actual representative of J Co. (hereinafter “J”) without having been delegated the authority of Defendant C with respect to the sale and transfer of the site for the FF High School and G high school, and returned KRW 500 million to Non-Party K, a real representative of J Co., Ltd. (hereinafter “J”) by: (a) “If a site for FF High School, etc. in its operation is purchased and apartment is located therein; (b) it may obtain permission to change the use of the site for the school; and (c) it is possible to obtain the permission to change the use of the site for the school; and (d) it was issued to Non-Party C
The J filed a complaint with H and I on September 2009 for fraud, fabrication, and uttering of private documents to the Seoul Central District Prosecutors' Office. On the other hand, as Seoul Central District Court Decision 2008Gahap93075, the Defendant C filed a suit for the claim for the return of the purchase price (hereinafter referred to as "related civil lawsuit") seeking the payment of KRW 1 billion which was not returned out of the above KRW 1.5 billion, as Seoul Central District Court Decision 2008Gahap93075.
The Plaintiffs agreed with H and J (hereinafter “instant agreement”) around March 2010, when the relevant civil lawsuit was pending, as follows:
A: HA: Plaintiff A: Plaintiff B, B, C, and C shall agree with respect to the transfer of the site of the school owned by Defendant C and the new construction project of multi-family housing:
1. The agreement shall include the recovery of the outstanding amount of KRW 500 million invested by A on July 27, 2005 to C and KRW 1 billion out of KRW 1.5 billion invested on October 20 of the same year.