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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. On May 31, 2004, Plaintiff B entered into a contract with the Defendant to purchase KRW 378 square meters for KRW 567 million among the five and E parcels owned by D (hereinafter “instant E”), and paid KRW 80 million as the down payment on the same day, and KRW 240 million as the intermediate payment on June 4, 2004, respectively.
When the above sales contract is difficult to implement, the Defendant transferred the F land owned by the Defendant to the Plaintiff B as a substitute payment in lieu of the payment of the F land amounting to KRW 220 million, and the remainder of KRW 100 million shall be paid in cash, and KRW 45 million out of which shall be paid from the Plaintiff and KRW 50 million shall be paid from the Plaintiff, and G shall be paid if the remainder of KRW 55 million appears.
Accordingly, the defendant borrowed KRW 45 million from the plaintiff A and paid it to the plaintiff B, and around January 2013, G and the settlement of accounts were completed.
Therefore, the defendant is obligated to pay to the plaintiff A KRW 45,00,000, and KRW 55,000,000 and each damages for delay.
2. First of all, we examine whether the Defendant borrowed KRW 45 million from the Plaintiff in connection with the sale and purchase of the instant land, and paid the said money to the Plaintiff B, and separately paid KRW 55 million to the Plaintiff B.
In full view of the purport of the arguments in Gap evidence 3, Gap evidence 7-2, Eul evidence 8-15, Eul evidence 1-2, Eul evidence 1-2, and Eul evidence 1-2, the plaintiff was introduced the land of this case from the defendant and Eul. The plaintiff Eul purchased 378 square meters of the land of this case and paid part of the purchase price through the defendant on May 31, 2004, the plaintiff Eul purchased 378 square meters of the land of this case through the mediation of the plaintiff Eul and paid part of the purchase price through the defendant. The above contract was terminated on June 30, 2004 when it was difficult to implement the above contract, the plaintiff Eul paid 45 million won to the plaintiff Eul and H, and the defendant paid 1/2 of each part of the land of Eul owned by the defendant on July 2, 2004 to the plaintiff Eul and H on June 30, 2004.