1. The plaintiff's claim is dismissed.

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

1. Judgment on the main argument

A. On November 19, 2007, the main purport of the assertion was to lend a total of KRW 100 million for the industrial complex development project fund on the land outside C and 31 lots (hereinafter “instant development project”) in the Chungcheong City promoted by the Defendant to the Defendant.

B. According to the reasoning of the evidence Nos. 1 and 2, it is recognized that the Plaintiff transferred a sum of KRW 100 million to the Defendant on November 19, 2007 through each national bank account in the name of the Plaintiff himself/herself and his/her wife, but the evidence submitted by the Plaintiff alone is insufficient to recognize that the above amount is a loan, and there is no other evidence to acknowledge that it is a loan.

The plaintiff's primary argument is without merit.

2. Judgment on the first preliminary argument

A. The gist of the claim is, even if the above KRW 100 million falls under the investment loan rather than loan, the Defendant, at that time, promised to transfer the ownership to the person designated by the Plaintiff by either repaying the investment principal and profit at the Plaintiff’s option or converting the ownership into land upon the presumption of the completion of the instant development project through the investment repayment plan that was granted to the Plaintiff at that time.

However, since the development project of this case can no longer proceed with the revocation of approval for the establishment of a new factory, the choice to redeem the conversion ownership into land was placed in an impossible status.

The defendant is obligated to repay the investment principal and profits to the plaintiff in accordance with the agreement on repayment of the investment principal and profits, which are the remaining selective items, and the defendant first seeks to pay 100 million won of the investment principal to the defendant.

B. In full view of the purport of the argument in Gap evidence No. 4, the court below issued the plaintiff a plan for repayment of investment funds and a written confirmation of receipt of investment funds to the plaintiff on November 22, 2007 after receiving the above KRW 100 million from the plaintiff. The above investment funds repayment plan is the principal and profits of the creation corporation at the time of presumption that the formation is terminated ( July 30, 2008).