1. The plaintiff's claim is dismissed.

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

1. Determination on the cause of the claim

A. On July 27, 2015, the Plaintiff asserted with the Defendant, etc. agreed to make an investment in the Jung-gu Incheon Metropolitan City C Dae-gu 2,855 square meters (the land of this case; hereinafter “instant land”). Accordingly, the Plaintiff paid KRW 200 million out of the down payment to the Korea Land and Housing Corporation on July 27, 2015.

Since then, the defendant returned the investment principal to the plaintiff in accordance with the original agreement that all of the investment principal was returned, and only KRW 160 million, not KRW 200 million, was returned to the plaintiff.

Therefore, the defendant is obliged to pay the remaining investment principal to the plaintiff KRW 40 million.

B. In full view of the statements in Eul's 7 to 10 evidence, Eul's 1 to 3 and witness D and E's testimony (including the fact that there is no dispute), Eul representing the plaintiff, together with the defendant and F, G, H (hereinafter "the investors of this case") around July 2015, agreed to invest in the land of this case in the open tendering procedure by acquiring the status of the purchaser of the land of this case who was awarded a successful bid amount of KRW 6,36,70,000 (hereinafter "the investment contract of this case"), and the fact that the down payment of the purchase price of the land of this case was KRW 636,670,00,000, and the fact that the investors of this case were to pay the down payment of KRW 159,167,500,000 to the representative director of the Korea Land and Housing Corporation and the defendant paid the down payment of KRW 500,500,000,0000,000,0000.

As such, the Plaintiff’s account of the Korea Land and Housing Corporation is KRW 200 million.