1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On May 29, 2017, the Plaintiff was a person who runs the scrap metal business, and entered into a contract with D to purchase KRW 700,000 (hereinafter “the instant compressed machine”) of 180,000,00 for the compressed machine of Gain.

B. The compression of this case was located in the Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju (hereinafter “instant land”), but the Plaintiff taken the instant compressed machine out through 2281m2 (hereinafter “instant land”) and then intended to move to the necessary place of the Plaintiff.

C. The instant land was owned by Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and the Plaintiff deposited KRW 20,000,000 on October 13, 2017 to Defendant B, a relative of the representative director of the Defendant Co., Ltd., and deposited KRW 20,00,000 on April 14 of the same month, and the Plaintiff requested to use the instant land in order to reduce costs through the use of the instant land in the process of dismantling the compression period, and the period of use shall not exceed two days, and you agreed to share part of the amount paid by the former lessee, the occupant and the occupant of the instant land, and the Plaintiff agreed to pay KRW 40,00,00 for the payment of KRW 40,00 on a day-to-day basis, and agreed not to return it later for any reason.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. Under the circumstances where Plaintiff’s compressed machine should be promptly put in the work site, and the seller of the instant compressed machine also takes out the instant compressed machine to the Plaintiff and urged the Plaintiff to do so, the Defendants are either KRW 40,000,000, by taking advantage of the circumstances that the Plaintiff would only have passed in order to take out the instant compressed machine.