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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C and D’s real estate development plan 1) A and C became aware of D engaged in a construction business around 2000. D and C set up a fund by means of inviting investors, etc., to purchase 30,000 square meters of land size 150,744 square meters (hereinafter “F of this case”) in Gyeyang-gun F forest land from Nonparty G, and D agreed to divide the land purchased into a house site for electric source and to divide profits from the increase in land price by selling the land (hereinafter “the instant real estate development plan”).
(2) E, upon receipt of investment recommendations from C, has invested KRW 20 million in the instant real estate development plan under the condition that two times the investment amount is guaranteed within one year between C and D.
B. With respect to the purchase and development of the instant F land owned by G, C, D, C, and D entered into an agreement on August 12, 2003, “E shall invest KRW 200 million in the purchase price of land, enter into a contract and register the instant F land under the name of E for the sake of ensuring the safety of investment in convenience, and C and D shall pay KRW 400,000,000,000 plus the amount invested by E within one year, by creating the said forest and land as a housing site and selling it to a third party.” If E was to receive the refund of the amount of investment agreement, the amount of investment agreement shall be KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000
C. On August 18, 2003, C, E, and D: “43,600 square meters out of the instant F land, and 271 square meters prior to I” owned by G between the owner of the instant F land and G on August 18, 2003, KRW 870,000,000 (total contract and intermediate payment amount of KRW 200,000,000 on the date of the contract, and the secondary intermediate payment of KRW 200,00,000 on September 18, 2003, the remainder of KRW 470,000,000 on the remainder of September 18, 2003, and the remainder of KRW 470,00,000 on December 10, 203, respectively.
E.