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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 4, 2005, the Plaintiff entered into a contract with Defendant B to exchange approximately 200 square meters of forest land (hereinafter “second real estate portion of this case”) in 7 Dong-dong, Busan, where the Plaintiff had not completed the registration of ownership transfer after purchasing between Defendant B and Defendant B, and KRW 1,612 square meters of forest land in Do-dong, Dong-gu, Busan (hereinafter “instant real estate No. 1”) purchased by Defendant B (hereinafter “instant real estate No. 2”), and to exchange approximately 200 square meters of forest land (hereinafter “the instant real estate No. 2”), among approximately 1,612 square meters of forest land purchased by Defendant B (hereinafter “instant exchange contract”).
B. The Plaintiff filed a claim for damages with the Busan District Court 2009Gahap2203 on the ground that it did not implement the procedure for the registration of ownership transfer against D as to the second real estate portion of this case, but the above court ruled against D or Defendant B on the ground that it is difficult to view that there was a cause attributable to D or Defendant B for non-performance of the above procedure for the registration
In this regard, the Plaintiff appealed, but the dismissal of the appeal was declared, and the appeal was not filed, which became final and conclusive on February 21, 2012 (hereinafter “the instant litigation”).
C. (1) On the other hand, on February 20, 2012, the Plaintiff drafted a written waiver of the right as follows. On the other hand, the Plaintiff renounced the right to KRW 50 on the ground warehouse of the instant real estate No. 2 and the part on the instant real estate No. 2, which was entered into the instant exchange contract with the Plaintiff’s agent D. The Defendant C paid KRW 2,00,000,000, which deducted the litigation cost of the instant related lawsuit against the Plaintiff’s D on February 28, 2012 from KRW 3,00,000, which was deducted from the litigation cost of the instant lawsuit against the Plaintiff’s D through the account in the Plaintiff’s name.
[Ground of recognition] Facts, absence of dispute, Gap evidence Nos. 1 to 3, Eul evidence No. 1-1.