1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 2004, the Plaintiff agreed to remove the Plaintiff’s building owned by Nonparty 1, E, G, H, and I, which is included in the building site of this case, and the building site of Guri-si F, E, H, and I, and receive KRW 4 billion from Nonparty Company.

B. On May 30, 2005, the non-party company and the owner of the building in the name of the implementer of the instant building project and transferred the instant construction project to the Defendant C (hereinafter referred to as “Defendant C”) and J, K, L, and M (hereinafter referred to as “related parties to the implementation of the instant case”) designated by the Defendant C, the contractor of the instant building project and the owner of the instant building project, (hereinafter referred to as “Defendant C”), who was ordered to commence the instant construction project on March 4, 2014, which was the date the instant lawsuit was filed, and D, who was appointed as the administrator of the rehabilitation obligor C by the said court, took over the instant lawsuit. On June 10, 2014, the instant rehabilitation procedure was abolished, and the said Defendant took over the instant lawsuit again.

C. On April 20, 2007, the Plaintiff filed a lawsuit against Defendant C and the enforcement-related persons of this case seeking payment of KRW 4 billion with the Seoul Northern District Court. However, on November 21, 2007, the above court rendered a judgment against the Plaintiff (Seoul Northern District Court 2007Gahap3678) on the ground that there is no evidence to prove that Defendant C assumed the above contract deposit obligation against the Plaintiff against the Plaintiff on the premise of the Plaintiff’s claim, which is the premise of the Plaintiff’s claim, and there was no evidence to prove that the Defendant C assumed the above contract deposit obligation against the Plaintiff by the non-party company. While the Plaintiff appealed, the Seoul High Court sentenced the judgment dismissing the appeal on August 28, 2008 (Seoul High Court 2008Na5822, the above judgment became final and conclusive on September 23, 2008.

Meanwhile, “A building destruction agreement” attached to the preparatory document dated November 19, 2007, which was submitted by the Defendant in the course of the said lawsuit (hereinafter “instant alteration agreement”) was written between the Plaintiff and the Nonparty Company around October 2004.