1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 14, 2015, the Plaintiff entered into a sales contract with Defendant A to purchase D factory sites of KRW 3780,000,000,000 in the petitioner-gu, Cheongju-si, Cheongju-si, with the purchase price of KRW 1.09,000,000,000,000 for down payment of KRW 40,000,000 in an intermediate payment of KRW 40,000,000,000 on May 15, 2015, and to pay the balance of KRW 1,04,00,000 on the date of receiving bank loans (hereinafter “the instant sales”).

B. Before the conclusion of the instant sales contract to Defendant A, the Plaintiff paid KRW 10 million,00,000,000 in advance, which was the sum of KRW 2 million on February 10, 2015, and KRW 10 million on February 25, 2015, and KRW 10,000,000 as the intermediate payment, and paid KRW 40,000,000 as the sum of KRW 1 million on May 7, 2015, May 15, 2015, and KRW 10 million on May 29, 2015.

C. Meanwhile, the conciliation was concluded between Defendant A and B, the former lessee of the building subject to the instant transaction, and MPE, Co., Ltd., Ltd., the former lessee of the building, on March 24, 2015, with the Cheongju District Court 2015Kadan1475 (principal lawsuit), and 2015Kadan3631 (Counterclaim) in the instant case, that “former lessee shall deliver the building to Defendant A by April 12, 2015, and at the same time, Defendant A shall pay the remainder of KRW 28 million after subtracting the rent equivalent to the rent from the lease deposit to the above date.”

The claim amount is KRW 28 million, and the compulsory auction procedure was commenced on June 23, 2015 by filing an application for compulsory auction based on the original copy of the above mediation protocol with Cheongju District Court E. D.

On July 10, 2015, the Plaintiff demanded Defendant A to resolve the compulsory auction procedure and to transfer the waste recycling business license, on the premise that “When the Plaintiff pays the down payment of KRW 10 million to Defendant A, the Defendant A transferred the possession of the factory to the Plaintiff and immediately operated the factory after obtaining the permission for the comprehensive waste recycling business (hereinafter “instant agreement”).

E. Defendant A entered into the instant agreement with the Plaintiff.