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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 2013, the Plaintiff received a contract from C for the construction of a factory site (hereinafter “instant construction”) with respect to the land outside Sacheon-si D and one parcel, and thereafter subcontracted the instant construction to E.
B. Around January 2, 2013, C entered into a sales contract with the Defendant on the share of 132/1,291 square meters, which was 1291 square meters, in the F.M., for the construction of access roads to the factory site, with the purchase price of KRW 70 million (contract amount of KRW 3 million).
(F) If the area of a factory site becomes final and conclusive, the area and balance of the road to be purchased shall be determined and paid, and thereafter, the subject matter of sale shall be determined by 259/1,291 shares, and the purchase price for the added portion shall be calculated as KRW 2 million per square year).
While the construction of this case was in progress, the defendant demanded the payment of the purchase price of the above sales contract and raised an objection by installing a motor vehicle near the site of the construction work.
Accordingly, on September 11, 2014, the Plaintiff, on behalf of C, drafted a written confirmation (i.e., A evidence 1-1, hereinafter “instant confirmation”) containing the following contents with the Defendant.
Written Confirmation
1. C pays KRW 10 million to the Defendant’s account on September 11, 2014.
2. The price of the site to be incorporated into the road shall be paid after the completion of the instant construction work (sale or financing loans);
3. The Defendant shall not raise any objection to the instant construction after receiving the said money.
4. The Defendant and C shall, in consultation with each other, accumulate tiny G and H land (hereinafter collectively referred to as the “instant land”), which is owned by the Defendant, and the Defendant will be responsible when the problem arises.
E is the construction work of building a factory site and building access roads, and he has stockpiled and filled up stone and earth on the land of this case.
Among them, the defendant raised an objection with respect to the payment of the above sales contract, and the defendant and E continued to do so on September 22, 2014.