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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 21, 1990, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C company (hereinafter “C company”) on the leased land of 124,978 square meters of land E before the division and D 1,079,857 square meters of land owned by C company (hereinafter “instant land”). The Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) on the leased land of this case and the leased land of this case by setting the lease period of 20 years for C company and the annual rent of 520 won for each year.
B. On August 1995, the Plaintiff entered into an agreement with the Defendant to exchange 2,500 square meters (hereinafter “land under the instant exchange agreement”) among the instant E land (hereinafter “instant exchange agreement”) and the Defendant’s Gangdong-gu Seoul Metropolitan Government F commercial building (hereinafter “instant exchange agreement”). Since there is a difference between the instant commercial building price and the land price under the instant exchange agreement, the Defendant separately paid KRW 500 million to the Plaintiff.
However, the land under the exchange agreement of this case was not owned by the plaintiff, but owned by the plaintiff pursuant to the agreement, and it was difficult to complete the registration of ownership transfer to the defendant due to a dispute with the company, etc.
C. Meanwhile, as a dispute arises between the Plaintiff and C in relation to the instant lease agreement, the Plaintiff filed a lawsuit against C on February 27, 1997 as Seoul District Court Decision 97Kahap45 regarding the leased land of this case, which was issued a provisional attachment order as of March 3, 1997, and completed the provisional attachment attachment registration as of March 18, 1997.
On May 9, 1997, the Plaintiff agreed to the effect that “If the Plaintiff withdraws all the applications for provisional attachment and lawsuits, C shall calculate approximately 120,000 square meters of the leased land of this case as KRW 120,000 per square day and transfer it to the Plaintiff at KRW 1.2 billion.”
E. However, the Plaintiff’s KRW 1.2 billion.