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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 2, 2015, the Plaintiff and the Defendant purchased KRW 140,00,000, and the Defendant entered into a trade agreement (hereinafter referred to as “instant trade agreement”) under which the Plaintiff would newly construct and sell multi-household housing on the ground of each of the above lands and distribute profits therefrom to the Plaintiff (hereinafter referred to as “instant trade agreement”) by purchasing KRW 300,000,000,000, and the Defendant would sell KRW 364,000,000,000, and KRW 353,000,000 (hereinafter referred to as “D land”), E, 259,000 square meters (hereinafter referred to as “E land”), F, 272 square meters (hereinafter referred to as “F land”); and the Plaintiff and the Defendant entered into a trade agreement with the Dong (hereinafter referred to as “instant business relationship”).
B. The Plaintiff deposited KRW 140,00,000 with the Defendant’s account on March 3, 2015, and KRW 50,000,000 on March 31, 2015, and KRW 140,00,000 on June 10, 2015, and the Plaintiff and the Defendant purchased each of the instant land on April 26, 2015 and completed the registration of ownership transfer in H and I future on June 25, 2015.
On the other hand, on June 25, 2015, the Plaintiff and the Defendant established a collateral security of KRW 576,000,000 with respect to each of the instant land with respect to the land of this case with respect to the Defendant as the obligor, and used the collateral security of KRW 576,00,000 with respect to each of the instant land as the obligor and KRW 540,000 with respect to the maximum debt amount of KRW 1,00,00,000 with respect to each of the instant land as the obligor, and used it as the purchase price, etc. of each of the instant land from the Yangyang Agricultural Cooperatives.
C. In the Dong enterprise of this case, the Plaintiff was in charge of the construction work, and the Defendant was in charge of the management of funds, such as managing the account, executing construction cost, and repaying the loan interest.
The Plaintiff and the Defendant around February 2, 2016 are multi-household houses with 8 households (hereinafter referred to as “C multi-household houses”), 8 households’ houses in the land D (hereinafter referred to as “D multi-household houses”) and 8 households’ multi-household houses in the land E.