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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 30, 2014, the Plaintiff and the Defendant’s father D sold the land of KRW 1566 square meters for the Daegu-gu E-factory (hereinafter “instant factory”) located in Defendant B (hereinafter “instant factory”) at KRW 1.82 billion, and the remaining payment date was agreed on October 30, 2014.
Defendant B paid KRW 50 million out of the purchase price until July 23, 2014.
B. On July 28, 2014, D agreed with the Plaintiff as follows (hereinafter “instant agreement”).
① D shall pay 2.5 million won to the Plaintiff on July 28, 2014.
② By August 3, 2014, the Plaintiff moves all articles, such as materials in the instant factory, and leaves the factory, and thereafter, D shall pay 2.5 million won to the Plaintiff. If the Plaintiff fails to complete the relocation of articles and the removal from the factory by August 3, 2014, the Plaintiff waives all rights.
③ On October 30, 2014, the remainder payment date, D, in the presence of the representative director F by Defendant B, D shall pay the Plaintiff KRW 15 million to the Plaintiff.
C. D paid KRW 2.5 million to the Plaintiff on the date of the instant agreement.
However, the Plaintiff did not transfer the goods by August 3, 2014, as stipulated in the instant agreement, and did not withdraw from the factory of this case.
D On September 17, 2014, Defendant B drafted a new real estate sales contract with the purport that, in addition to the site of the instant factory, the building should be included in the sales object and the sales amount shall be paid at KRW 1.72 billion by not later than the 19th day of the same month.
On September 18, 2014, Defendant B paid all the above KRW 1.72 million to the Plaintiff (including KRW 55 million in Paragraph (a)) and completed the registration of ownership transfer in the name of Defendant B on the site and building of the instant factory.
E.D died on October 11, 2014.
F. On October 20, 2014, the Plaintiff received director fees from Defendant B and handed over the instant factory.
G. After that, Defendant B: (a) destroyed the instant factory building and constructed a new building; and (b) on March 20, 2015.