beta
Text
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 10, 2013, the Songpa-gu Seoul Metropolitan Government CBL 4,030 square meters (hereinafter “instant land”) was to develop a commercial area. Around January 10, 2013, the said land development publicly announced that the said person would form a partnership and apply for land supply by taking measures against those who lose their base of living due to the said land development (hereinafter “living countermeasure person”).
B. Around May 2014, D&A, a non-corporate body, comprised of 221 non-corporate entities, decided to purchase the instant land from the Non-Party Corporation in KRW 38,224,50,000.
C. On July 3, 2014, the non-party association entered into an enforcement license agreement with the Defendant Company regarding the business that develops the instant land into a commercial area (hereinafter “instant business”).
The non-party union and the defendant company entered into this contract by paying the down payment of KRW 3,822,455,00 (hereinafter “the down payment of this case”) equivalent to 10% of the purchase price of the land of this case that the non-party union is obligated to pay to the non-party corporation (hereinafter “the down payment of this case”), until December 31, 2014, and the non-party union agreed to receive a written consent from the non-party Corporation to provide the defendant company with the land use for authorization and permission.
E. The Defendant Company suffered difficulties in preparing the instant down payment, and eventually, at the time, E submitted a letter of waiver of the instant business to the Nonparty Association around September 22, 2014.
F. F decided to continue the implementation of the instant case by acquiring the Defendant Company and raising funds, and sought investors.
G. F was invested in KRW 520,000,000, and paid the said money as part of the instant down payment to the account of Nonparty Corporation on October 16, 2014, and on October 20, 2014, G borrowed money from G on the same day.