1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On or around June 2015, the Plaintiff, the representative director of the C Agricultural Partnership (hereinafter referred to as “Nonindicted Corporation”) agreed to acquire the shares of its members among its members, but the amount of its investment was subsequently returned (hereinafter “instant agreement”).

B. On February 27, 2016, the Plaintiff paid KRW 25 million to the Defendant, who is a member of the non-party union, as the acquisition price for the 2500 unit units by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The members of the non-party corporation including the Defendant, etc. demanded that the Plaintiff, the representative director of the Plaintiff at the time of August 2015, who was the Plaintiff, be responsible for the occurrence of the obligation and the occurrence of the obligation, take over their shares and deducted their investments. Accordingly, the Plaintiff entered into the instant agreement that, upon accepting the demand of the members, including the Defendant, received livestock pens and land incorporated into the park site scheduled to be paid on or after the end of 2015, the Plaintiff would pay the transfer price of shares among the members under the condition that they acquire all shares of the members and then pay the transfer price of shares. 2) After receiving the compensation on or around February 2016, the Plaintiff prepared the fixed contract pursuant to the instant agreement, however, the agreement between the Plaintiff and the members, which presented the terms and conditions that were not originally set forth in the instant agreement, was removed.

C. However, on the ground that the Plaintiff’s share transfer price of KRW 25 million was paid in advance by the Plaintiff two days prior to the rescission of the agreement, the Plaintiff did not refuse the agreement and remitted KRW 25 million to the Defendant on February 27, 2016.

The agreement of this case between the plaintiff and the union members was rescinded, and the plaintiff explicitly served the written application for correction of the purport and the cause of the claim.