2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

A. On June 2008, the Plaintiffs and the Defendant entered into a partnership agreement with the Plaintiffs and the Defendant to purchase a gas station with D large 1153m2 in Seo-gu, Seocheon-gu, Seocheon-gu and to newly establish a gas station and distribute their operating profits.

Accordingly, the plaintiffs and the defendant collected each of the above D's investment funds and newly constructed E's gas station (hereinafter the above D's land and E's gas station in total). On July 24, 2009, the registration of ownership transfer and registration of ownership transfer of the above D's land under the name of the defendant.

B. The Defendant: (a) agreed to sell the instant gas station to F on April 27, 201; and (b) delivered the instant gas station to F around April 30, 201; and (c) from May 1, 2011, F operated the gas station of this case; (b) the Defendant and F paid KRW 3,350,000 (hereinafter “sale price”); (c) around December 29, 201, the purchase price of the instant gas station was KRW 2,200,000 (hereinafter “sale price”); and (d) in the event of the remainder of the purchase price, the transfer of ownership was completed in lieu of the existing loan that was secured by the instant gas station to F; and (e) on December 21, 2012, the payment of the remainder of the purchase price was finalized on the following grounds: < Amended by Act No. 10357, Feb. 21, 2017>

On the other hand, on February 29, 2012, F completed the registration of the establishment of a neighboring mortgage (700,000,000 won) with respect to the gas station of this case on February 29, 2012 in order to secure the payment of the above remaining purchase and sale.

C. On August 24, 2010, Plaintiff A filed a lawsuit claiming return of unjust enrichment (the Daejeon District Court Branch Decision 2010Gahap5246 decided February 17, 2012) with the purport of claiming return of the investment amount against the Defendant (the Daejeon District Court Branch Decision 2010Gahap5246 decided February 17, 2012).

Plaintiff

A has filed an appeal against the above judgment.