1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. C’s claim for return of unjust enrichment against the Defendant 1) Defendant E (hereinafter “E”)

2) On May 10, 2005, the land for quarrying shall be 22,296 square meters of forest land in Incheon Reinforcement-gun owned by E (hereinafter “Quarrying site”) between C and C.

The Defendant’s investment in the Quarrying development project shall be KRW 2 billion, and E shall be paid monthly investment profits to the Defendant, and C shall be a joint and several liability for the payment of investment profits to the Defendant, and if E and C fail to comply with the above obligation, the above investment contract shall be terminated and the land for Quarrying and the right for permission for Quarrying (hereinafter “Quarrying site, etc.”) shall be terminated.

(2) The term "investment contract of this case" (hereinafter referred to as "investment contract of this case")

2) Since E failed to perform its obligation under the investment contract of this case, the Defendant filed a lawsuit against E seeking the transfer of stone collection site, etc. in accordance with the investment contract of this case against E on January 5, 2007 and ruled against E in the first instance court (Seoul High Court 2007Gahap312), it won in the appellate court (Seoul High Court 2008Na109618), and the above winning judgment became final and conclusive as it is by dismissal of appeal.

(2) On April 1, 2011, 201, 201, 3 C agreed to transfer the land for quarrying by the Defendant from the Incheon District Court Decision 201Gahap5208 (No. 2010Da90902) to C again. The Defendant acquired the land for quarrying, etc. from the Defendant, and transferred it to another person in accordance with the above winning judgment, and thus, the Defendant’s transfer agreement between C and the Defendant was cancelled for reasons of non-performance of performance or non-performance of performance, and seek restitution and reimbursement of damages. In addition, the Defendant filed a lawsuit against E seeking the transfer of the land for quarrying, etc. on January 5, 2007, and the Defendant terminated the instant investment contract. Accordingly, the Defendant’s termination of the instant investment contract by unjust enrichment.