1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On November 2003, the Defendant intended to purchase the land of 333,05 square meters (hereinafter “instant real estate”). However, due to the shortage of funds, the Defendant intended to purchase the land of 1/2 of 100 square meters (125,000 square meters) from the Plaintiff by investing 125,000 square meters of 120,000 square meters, together with the Plaintiff, and subsequently, if profits accrue later, then the profits accrue, then the Plaintiff entered into a partnership agreement with the Defendant with the content of the said agreement (hereinafter “instant partnership agreement”).

B. Accordingly, the Plaintiff paid KRW 125 million to the Defendant under the instant trade agreement, and on December 29, 2003, the registration of transfer of ownership in the name of the Plaintiff was completed on December 27, 2003 with respect to the instant real estate.

C. At the time, the above sales contract was executed by the Defendant, and later, the Defendant was aware of the fact that the Plaintiff purchased the instant real estate at KRW 125 million, and thus, the Defendant was urged the Plaintiff to purchase the sales price at KRW 250 million, which was paid KRW 125 million to the Plaintiff, and received KRW 125 million from the Plaintiff.

Around November 14, 2005, the Defendant divided the instant real estate into KRW 1,653 square meters of Gangwon-gun C Forest and KRW 1,652 square meters of D forest and field. On September 22, 2005, around September 22, 2005, the Defendant sold the said D in the amount of KRW 12,50 million, and sold the said amount of KRW 150 million in total, around November 5, 2005, and accrued profits of KRW 275 million in total.

E. Therefore, the profit that the Defendant is obligated to distribute to the Plaintiff according to the instant trade agreement is KRW 200 million, which is the sum of the Plaintiff’s investment funds (i.e., net profit amounting to KRW 150 million x KRW 125 million x 150 million x 105 million x 100 million x 15 million x 105 million x 100 million x 105 million e.g., net profit amount) out of the net profit amount calculated by subtracting the purchase price of KRW 125 million

However, since the Plaintiff recovered KRW 125 million from the Defendant in 2005 from the Defendant, the Defendant is obligated to pay the Plaintiff the unpaid profit of KRW 75 million (=20 million – KRW 125 million).

2. The written evidence No. 1 alone entered into the instant partnership agreement with the Plaintiff.