1. The plaintiff's claim of this case is dismissed.

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

1. Basic facts

A. On February 16, 2016, the Plaintiff: (a) sold 40% of the Plaintiff’s share in the attached list jointly awarded with the Defendant in the corporeal movables auction procedure with the Gwangju District Court C C in Gwangju District Court; (b) sold KRW 100 million to the Defendant; (c) paid KRW 40,000,000 as down payment to the Defendant on a contractual day; (d) an intermediate payment of KRW 40,000,000 from the Defendant on February 23, 2016; and (e) agreed to offset the balance of KRW 20,000,000 against the sand price produced by the Defendant

(hereinafter referred to as the "one sale contract of this case"). B

After the date of the instant sales contract, the Plaintiff delivered the Defendant Nos. 1, 4, and 6 of the [Attachment 1] List of Machines (Facilities) prior to the filing date of the instant lawsuit.

C. The Defendant, on February 16, 2016, remitted KRW 40,000,000 on the date of the contract, KRW 40,000 on February 23, 2016, KRW 20,000 on March 3, 2016, and KRW 110,000,000 on March 10, 2016, respectively, and paid KRW 110,00,000 in cash.

Meanwhile, between September 2015 and November 2015, 2015, the Plaintiff purchased sand 4897lus, produced by the Defendant, in the name of a limited liability company D, in an amount equivalent to KRW 64,402,800 (12,000 per 1lulus), and on January 23, 2016, disposed of the bonds of promissory notes issued by the Defendant within the amount equivalent to KRW 45,00,00,000, and issued a written payment receipt for each of the said promissory notes.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 6, Eul evidence Nos. 3, 5, 6, 7 (including provisional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is a sales contract to sell to the Defendant KRW 50,000,00 the number 1,4, and 6 indicated in the [Attachment A] List of Machinery (Facilities) owned by the Plaintiff orally on the date of the instant sales contract (hereinafter “the two sales contract of this case”).

The Do also concluded a contract with the Defendant on February 16, 2016, as down payment under the instant sales contract, KRW 40,000,000, and the intermediate payment under the instant sales contract on February 23, 2016, as the intermediate payment under the instant sales contract, and the remainder under the instant sales contract on March 3, 2016.