1. The plaintiff's claim is dismissed.

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

1. Around 2005, the Plaintiff entered into an investment contract with D with the introduction of C.

The terms of the investment contract are as follows:

D hereby establish a legal entity and purchase the land of Seo-gu, Daejeon (hereinafter referred to as the “instant land”) which is owned by E in the name of the legal entity in the amount of 6 billion won.

As a purchase fund, the Plaintiff invests KRW 80 million, D KRW 80 million, and G KRW 400 million.

The land of this case is sold in KRW 10 billion, and 40% out of profits is owned by the plaintiff.

The Plaintiff invested KRW 800,000 with the funds to purchase the land, and D established the Defendant with H as the representative director.

The Defendant implicitly ratified the effect of the investment contract to the Defendant by completing the registration of ownership transfer in the name of the Defendant.

Since then D decided to construct buildings on the ground without selling the instant land.

D agreed to return the investment principal to the Plaintiff in the actual status of the Defendant’s representative.

On December 18, 2009, the Defendant returned to the Plaintiff a part of KRW 170 million out of KRW 800 million of investments.

The Plaintiff demanded the Defendant to recover KRW 130 million, which is a part of the investment amount, due to the termination of the investment contract. If the effect of the investment contract does not extend to the Defendant, the Defendant obtained without any legal ground the profit equivalent to KRW 800,000,000 from the land purchase fund and sustained damages to the Plaintiff.

The defendant bears the obligation to return unjust enrichment to the plaintiff.

2. Determination

A. In light of the following circumstances, the submitted evidence alone entered into an investment contract with the Plaintiff and D with the content as alleged by the Plaintiff, in view of the termination of the investment contract or the claim for the return of the investment amount under the agreement to return the investment amount.

or the validity of the investment contract is not deemed to have been acquired by the defendant.

(1) The Plaintiff and D did not submit any written investment contract and any other objective data that could identify the content of the investment contract.

(2)