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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 101,078/126,347/126, out of B B, B, C, and D forest land 126,347 square meters, E forest land 9,472 square meters, F forest land 13,933 square meters (hereinafter the above real estate collectively referred to as “instant real estate”) were real estate owned by Nonparty G, and the network G was a real estate owned by Nonparty G from 2007 with the trade name “H” from the instant real estate.
In order to conduct quarrying projects, the pertinent business owner should obtain permission from the local government under his jurisdiction, and in order to obtain such permission, the recovery reserve should be deposited. However, G offered 200 million won to the non-party Seoul Guarantee Insurance Co., Ltd. as security and guaranteed by six guarantors, instead of directly depositing the recovery reserve, G provided the guarantee insurance policy for the recovery reserve from the non-party Seoul Guarantee Insurance Co., Ltd. (a total of 1.9 billion won, fee for issuing securities was required to be 40 million won).
B. The deceased G died on April 2013, and I, the children of the deceased G, the Defendant, and the J inherited all of the instant real estate and H business entities owned by the deceased G in 1/3 each, and I changed the name of H as the representative of H.
C. On July 9, 2013, K, L, and M, a creditor of the network G, requested I, Defendant, and J to settle the obligations of the network G. Accordingly, I, Defendant, and J entered into an agreement with K to transfer 25% of the shares of the instant real estate inherited and the instant real estate and the H’s business rights, machinery, apparatus, and facilities (attached Form H construction machinery and asset list), and 16.6% of the shares to L to transfer 8.4%.
Meanwhile, in order to continue the business of collecting earth and stone after the expiration of the permission period on January 1, 2013, I, the defendant, J, K, L, and M applied for extension of the permission period for collecting earth and stone under the H on July 1, 2013, and the permission period is extended from January 1, 2013 to December 31, 2015.