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1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On January 2, 2007, the Plaintiff entered into a contract with Nonparty C, D, and E to purchase KRW 685,000,000 from Dongyang-gu F forest land owned by it (hereinafter “instant land”) and paid KRW 70,00,000 on the seller’s side the down payment.
B. However, the non-party G pastor, who became aware of the conclusion of the above sales contract, found the Plaintiff and necessary for the “H church” and accepted the above land, and asked the seller to enter into a contract with G again with the content of the sale.
C. In addition, G requested the Plaintiff to divide the instant land into three parcels, thereby paying KRW 2,449,700 to the Plaintiff for the cost of dividing the land, and thereafter, G was divided into three parcels on April 2007, and sold one parcel to G's fraud, kyna, and galle, respectively.
G promised to pay KRW 70,00,000 to the Plaintiff by September 25, 2007 (before the date of drilling) after being transferred the instant land in the name of relatives around April 2007, the Plaintiff agreed to pay KRW 2,449,70 to the seller a down payment of KRW 70,00,000 paid to the seller in lieu of the pre-sale.
(hereinafter referred to as “instant agreement”). (e)
However, as G (hereinafter referred to as “the deceased”) did not settle accounts in the face of a disease on December 2, 2008, the deceased died on December 2, 2008. Accordingly, the Defendant (Appointed Party) and the designated parties, who are the inheritor of the deceased, are obligated to pay the Plaintiff the agreed amount of KRW 72,449,70 according to the instant agreement (i.e., KRW 70,000, KRW 2,449,70) and damages for delay in installments in proportion to their respective inheritance shares. 2. 3. The facts of the instant agreement are insufficient to be recognized only on the basis of the following: (a) No. 11 and No. 11-2; and (b) there is no other evidence to acknowledge this otherwise.