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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) From October 200 to around 170,000, Defendant B Co., Ltd. (hereinafter “Defendant B”) promoted the construction of a golf course in the name of “G-based club” (hereinafter “instant golf course”) from around October 200 to around October 170, 200. From around October 2001, Defendant B Co., Ltd. (hereinafter “Defendant B”) was promoting the construction of a villa complex with “G-based club” (hereinafter “instant golf course”). From around October 2001, Defendant B was promoting the construction of a golf course in the name of “G-based club” (hereinafter “instant two golf course”).
(2) On November 9, 1998, J, the actual owner and manager of the Defendants’ company, was appointed as the representative director of Defendant B, and resigned from his office on December 20, 2003. The Plaintiff’s representative director was in his friendship for a long time with K where the Plaintiff’s representative director was located.
(3) Meanwhile, on December 9, 2005, Defendant C Co., Ltd. (former trade name: L Co., Ltd.; hereinafter “Defendant C”) was established on the part of the company division under the Commercial Act for the operation of the golf course, and Defendant D Co., Ltd (hereinafter “Defendant D”) on July 10, 2007.
B. (1) On November 22, 2001, Defendant B entered into a business investment agreement to create a villa (tentative name) with the Plaintiff on November 22, 2001, setting up a separate housing complex between the Plaintiff and Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. The main contents are as follows.
Article 2 (Duties and Responsibilities of Both Parties)
1. Obligations and Responsibilities of Defendant B (1) Overall control of overall affairs, including project plans and site purchases and progress;
(2) All project costs, such as land prices, shall be borne.
2. The Plaintiff’s obligations and responsibilities (1.0 billion won in the progress of the project) shall be invested.
(2) Related documents and part of affairs necessary for the progress of the project shall be provided to the plaintiff.
Article 5 (Guarantee of Investment Proceeds)
1. In order to preserve the Plaintiff’s investment return, Defendant B transferred part of the project site ( approximately KRW 2,500 of P, etc. 4 lots in Chungcheongnam-gun, Chungcheongnam-gun, and approximately KRW 2,500) in the name of “ Q,” designated by the Plaintiff, and approximately H., Chungcheongnam-gun, Chungcheongnam-gun.