The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Plaintiff’s assertion

C and the Defendant entered into a contract on February 11, 201, with the content that C may collect soil and rocks from 49,236 square meters of land in the Si of Jung-gu, Jung-gu, Seoul, the Defendant owned, and paid KRW 35,00,00 as the down payment. Since the Defendant sold the said land to another person in violation of the above contract, the Defendant is liable for returning the down payment to C and compensating for damages caused by breach of the contract, and the Plaintiff acquired the said claim from C.

Judgment

With respect to whether a contract for the collection of earth and rocks between C and the Defendant was concluded, the evidence Nos. 2 and 5 cannot be used as evidence since the witness E’s testimony on the formation of the petition cannot be trusted, and there is no other evidence to acknowledge it, and there is no other evidence to acknowledge the conclusion of the above contract.

Therefore, the plaintiff's claim based on the premise that the above contract was concluded cannot be accepted.