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 October 2007, the Plaintiff and C, upon the Defendant’s recommendation, developed the land D, B (F and G were divided from the above land on November 22, 201) before the division (hereinafter “instant land”), and made an investment in the Defendant’s management business to divide it and sell it to others, and made a distribution of the future profits.

B. In accordance with the above investment agreement, the Plaintiff paid KRW 309,513,120 to the Defendant as investment money from October 25, 2007 to August 13, 2014. On December 7, 2007, the Plaintiff was returned KRW 150 million among them.

C. Around January 2014, the head of Si/Gun: (a) determined the period from January 28, 2014 to January 27, 2016; and (b) granted permission to convert the instant land into ten lots of detached houses and access roads. D.

However, on July 8, 2015, after obtaining permission for conversion of mountainous district, the Defendant donated the land of Gyeonggi-do, which is the land adjoining the road, among the instant land, to H, a spouse, and completed the registration of transfer of ownership.

E. Although the Defendant sold the instant land to another person according to the said investment agreement and distributed the benefits therefrom, the Defendant clearly expressed his/her intent not to implement the terms of the said investment agreement by selling the instant land to another person and distributing the benefits therefrom to H, thereby making the remaining land be blind.

F. Accordingly, the Plaintiff’s service of the preparatory document as of December 15, 2015 is to be made by the Plaintiff, and C, upon the delivery of the content certificate as of November 30, 2015, the Defendant rescinded the said investment agreement on the grounds of the Defendant’s nonperformance. As such, the Defendant ought to return to the Plaintiff the remaining amount of KRW 159,513,120, out of the money paid by the Plaintiff under the said investment agreement.

2. Determination

A. As to the content of the contract entered into with the Defendant, the Plaintiff’s land of this case operated by the Defendant alone as seen earlier.