1. The plaintiff's appeal is dismissed.

2. At the request of an independent party participation raised in the trial, the plaintiff shall be the plaintiff.

1. Basic facts

A. On July 15, 2003, the Defendant purchased the instant land from the Defendant in part of the project site, and paid the price in full until March 27, 2004, in order to promote the new construction project of the instant apartment in the land zone in Gangdong-gu Seoul Metropolitan Government.

(1) On October 21, 2003, Fz. Construction Co., Ltd.: (a) on December 5, 2003, 150 million won for the above multi-united housing; (b) on March 25, 2004, the above multi-united housing was paid KRW 100 million for the above multi-united housing; (c) on March 27, 2004, the above multi-united housing was transferred the instant business right including the status of purchaser of the instant land to the professional non-united venture Capital Co., Ltd. on April 18, 2004; and (d) on July 6, 2004, the above multi-united venture capital transferred the instant multi-united housing again to U.S. Co., Ltd. (hereinafter referred to as U.S.).

B. The Plaintiff entered into an investment agreement with UNson to the following purport:

The Plaintiff shall invest in the instant business, and UNson shall promote the instant business. The Plaintiff is distributed if development gains occur. UNson shall pay the investment principal at the time of raising the project financing scheduled on January 2005, but shall provide UNson’s shares as security. The Plaintiff and the Plaintiff, as well as the Dongo, a corporation incorporated into and merged with the Plaintiff, invested KRW 7 billion in total from September 9, 2004 to November 3, 2004, in accordance with the said investment agreement.

C. On April 13, 2005, the Plaintiff entered into the instant promise with the Defendant to sell and purchase KRW 175 million as to the instant land, and on April 30, 2005 as of the date of completion of the promise to sell and purchase, and on the date of completion of the contract, the Plaintiff concluded the instant provisional registration, such as the entry in the purport of the claim on April 15, 2005, by deeming that the sale and purchase was completed, even if there was no declaration of completion, and at the same time, the purchase and sale was paid at the same time as the principal registration of the transfer of ownership, and that deposit KRW 170 million as of the date of the contract.