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1. The plaintiff and the plaintiff succeeding intervenor's claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiff.
Reasons
1. Basic facts
A. On February 7, 2013, the Plaintiff’s successor and E entered into a sales contract with Defendant C to sell 2,805 square meters of F forest land 28,802 square meters owned by E (hereinafter “instant land”) and on the ground thereof, the Plaintiff’s successor to the instant building (hereinafter “instant building”) to Defendant C for the purchase price of KRW 1,60,000,000 (10,000,000 of the contract amount of KRW 1,90,000,000,000 as of the same day, until February 28, 2013, the remainder 1,50,000,000,000 as of the date of establishment by April 30, 2013, the Plaintiff agreed to the modification of the terms and conditions of the construction agreement as of the date of construction completion as of the date of construction completion by the seller’s agreement.
Defendant C paid KRW 100,000,000 to the Plaintiff’s succeeding Intervenor and E around that time.
B. On February 22, 2013, Defendant C established Defendant D Co., Ltd. (hereinafter “Defendant D”). On February 28, 2013, the Intervenor succeeding to the Plaintiff and E entered into a sales contract with Defendant D with the same content as the above sales contract (hereinafter “instant sales contract”).
C. The Intervenor succeeding to the Plaintiff and E completed the new construction of the instant building on June 2013, and at that time delivered the instant land and buildings to Defendant D.
However, when the Plaintiff’s succeeding intervenor obtained approval for the new establishment of a factory and approval for the use of the instant building from the competent authority on the grounds of illegal conversion, etc., the Plaintiff’s succeeding intervenor and E agreed to lend the factory operating fund to Defendant D by obtaining approval for the use of the instant building from Defendant D after obtaining approval for the use of the building from Defendant D around that time.
Pursuant to the above agreement, the Plaintiff’s succeeding intervenor transferred KRW 200,000,00 from the Plaintiff’s account practically operated on June 28, 2013 to Defendant D’s account.