1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Plaintiff’s soil construction business, construction business, etc.; Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a corporation with respective purposes, such as mushroom cultivation business; mushroom processing and packaging business; and Defendant B is the representative of the Defendant Company.

B. On February 3, 2016, Defendant B entered into a sales contract with respect to five parcels, including the purchase price of KRW 1,050,000,000,000 (hereinafter “instant sales contract”), in order to sell five parcels, including the land of KRW 228,00,000,000, in Yannam-gu, Seoul Special Metropolitan City (hereinafter “D”) between Defendant B and C on the same day, Defendant B paid the remainder of KRW 330,000,000 on the day, and the second intermediate payment of KRW 10,00,000 on March 10, 2016, and the remainder of KRW 60,00,00 on September 5, 2016.

The main contents of the instant sales contract are as follows.

Article 4 (C; hereinafter the same shall apply)

(i)The following shall be discharged at its responsibilities and costs:

(1) B shall promptly complete the civil engineering works at the expense of B at the same time as the instant sales contract, terminate the right to collateral security and pay an intermediate payment of KRW 100 million upon obtaining bank loans.

(2) Eul shall obtain the second authorization and permission at the time of completion of the first civil works and pay any balance through bank loans after performing civil works and transfer ownership.

◆ 특약사항 ◆ ④ 을은 갑(피고 B, 이하 같다)의 명의로 토목공사를 완료하여 갑이 비용을 산출할 수 있도록 협조하여야 한다.

C. On March 21, 2016, the Plaintiff drafted a construction contract agreement (Evidence 1) with respect to the construction work cost of KRW 260 million and the construction work period from March 23, 2016 to May 23, 2016 with respect to the access road construction work for housing site creation among six parcels of land, including D land, among the construction work for the development of mushroom plants (hereinafter “instant construction work”).

(hereinafter referred to as “instant contract”) d. of the contract indicated in the said contract.

The plaintiff shall carry out the construction of this case in the state that the progress rate of 31.12% has been achieved.