1. The plaintiff's main claim is dismissed.

2. The defendant shall pay to the plaintiff KRW 14.5 million from May 20, 1995.

1. The parties' assertion

A. (1) The Plaintiff (1) offered an investment proposal to the Plaintiff on two parcels, including the 2526m2 and 2,000m2 (hereinafter “instant real estate”) prior to Chungcheongbuk-gun, Chungcheongnam-gun, and agreed to resell the said real estate and return the investment principal, even if there is no profit, and the Plaintiff invested KRW 47 million in the Defendant.

Therefore, the defendant is obligated to return to the plaintiff the amount invested by the plaintiff in accordance with the above agreement 41.5 million won after deducting 5.5 million won already recovered from the amount invested by the plaintiff. Thus, the defendant is also obligated to claim for payment of the above amount and damages for delay.

(2) The Defendant purchased the instant real estate with D’s investment deposit, and completed the registration of ownership transfer in D’s name at will, and received KRW 20 million in return therefor.

The above 20 million won is the obligation of the defendant to deliver to the plaintiff the share for the plaintiff's investment. Thus, the defendant is entitled to claim for payment of 14.5 million won after deducting 5.5 million won from the above amount in preliminary claim.

B. Defendant (1) is seeking profits from resale after purchasing the instant real estate without making a direct investment of 135.6 million won by investing 100 million won from D without making a direct investment therein.

It is to claim the defendant to obtain the benefits that he had failed in the resale.

Since the defendant borrowed money from the plaintiff or received investment money, the plaintiff's primary claim is without merit.

(2) Although the defendant received KRW 20 million from D, the above money was borrowed from D separate from the sale and purchase of the real estate in this case.

Since the defendant does not keep the plaintiff's share of KRW 20 million, the plaintiff's conjunctive claim is not reasonable.

2. Determination

A. The facts of recognition (1) around 1993, the defendant requested F to sell the above real estate from E, the owner of the instant real estate, and proposed the purchase to the plaintiff and D.

Accordingly, the plaintiff is 47 million won.