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

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

Plaintiff’s assertion

On December 5, 2011, the Plaintiff and the Defendants enter into an exchange contract with the effect that the Defendants would pay KRW 50 million to the Plaintiff (hereinafter “instant exchange contract”) as a result of the exchange marginal profit on the said real estate (hereinafter “instant exchange contract”). The Plaintiff transferred the Plaintiff’s house D and E in Gyeyang-si to the Defendants, and the Defendants transferred the Plaintiff’s land and building site 125 square meters and building size to the Plaintiff from among the land and building owned by Goyang-gu, Gyeyang-gu, Seoul.

The Defendants, despite the fact that they should transfer the real estate owned by the above GJ according to the instant exchange contract, sold it to a third party and completed the registration of ownership transfer.

Therefore, the Defendants are obligated to pay to the Plaintiff KRW 50 million as damages for nonperformance of the instant exchange contract due to nonperformance of the contract.

Judgment

As to the conclusion of the instant exchange contract between the Plaintiff and the Defendants, it is not sufficient to acknowledge the instant exchange contract only with the entries of the evidence Nos. 1 and 2, and the testimony of the witness H, and there is no other evidence to acknowledge it.

Rather, in full view of the statements in the evidence Nos. 10, 12, 13, and 17, and the witness H’s testimony, the Plaintiff sold the housing owned by the Plaintiff and invested KRW 300,000,000 in the G principal meeting operated by the Defendants, out of the proceeds from the sale of the housing owned by the Plaintiff, to repay the obligations of the said church instead of paying the obligations of the said church. In return for the said investment, the Defendants set up a right to collateral security of KRW 300,00,000 on the housing site and building owned by the G principal meeting located in Youngyang-gu F, Seoyang-gu, etc., and made the Plaintiff use the second floor Nos. 2, 2,000,000,000 won for the monthly rent of KRW 60,000,000,000 for the second floor.

Ultimately, the Plaintiff’s assertion premised on the conclusion of the instant exchange contract is without need to further examine.