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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. A clan consisting of the descendants of Ampha, and C, who had worked as the president of the Plaintiff around October 201, established a plan to sell the land owned by the Plaintiff and purchase the building in the name of the Plaintiff, and convened an extraordinary general meeting.
B. On October 16, 201, the Plaintiff held an extraordinary general meeting and made a resolution to sell real estate owned by the Plaintiff, including 45,926/127,573 square meters of D forest land in Chungcheongnam-si, and 75/3,256 square meters of E preceding 3,256 square meters of E, and F forest land 2,86 square meters of land (hereinafter “each of the instant land”). Article 10 of the Plaintiff’s rules provides for the acquisition and disposal of property, the sale of which exceeds KRW 100 million, as matters subject to the resolution of the general meeting.
C. On June 14, 2012, C entered into a contract to sell each of the instant lands to the Defendant with the seller as the Plaintiff (hereinafter “instant contract”). On the same day, C paid C the down payment of KRW 75,60,000 on the same day.
The Plaintiff’s clan members filed a lawsuit against the Plaintiff seeking confirmation of invalidity of the instant resolution (hereinafter referred to as “litigation”), which became final and conclusive on May 2, 2013, and the said judgment became final and conclusive on September 12, 2014.
E. On August 20, 2012, the Defendant sent to C a certificate to the effect that “if there is no agreement that the Plaintiff would no longer dispute the instant sales contract, etc., the instant sales contract will be cancelled, and that C would claim damages, such as down payment, penalty, and fees, by compensation for damages,” and that “the Plaintiff shall pay KRW 151,200,000,000, in total, as of August 9, 2012,” by means of a proposal to the effect that C and the Defendant should reverse the instant sales contract, and that “the Plaintiff shall also be jointly and severally liable for damages, such as down payment, penalty, etc. by October 9, 2012.