1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 9, 2013, the Plaintiff entered into a partnership agreement with Defendant B to jointly promote multi-family housing, commercial buildings, and officetels construction and sales agency business, and to divide profits from each business into half (hereinafter “instant partnership agreement”). Defendant B’s leakage or Defendant C jointly and severally guaranteed Defendant B’s obligation to the Plaintiff under the said partnership agreement.

B. The Plaintiff and Defendant B, one of the businesses under the instant trade agreement, was to construct and sell an officetel equipped with an office room of 582 of the size of 6 underground floors and 15 stories above the ground level (hereinafter “instant building”) on the Sungwon-si Ean-si, Changwon-si (hereinafter “instant land”) in the name of Defendant D (hereinafter “Defendant Company”) in which Defendant B actually operated.

C. On March 20, 2014, the Defendant Company concluded a trust agreement with F (hereinafter “F”) with the content that F will undertake the construction of the instant building, the procurement and execution of project costs, and the sale of the instant land in trust with the Defendant Company (hereinafter “instant trust agreement”), and completed the registration of ownership transfer for the instant land, which is the instant project site, on March 21, 2014, to F on March 21, 2014.

On July 11, 2014, F entered into a sales agency contract with the Defendant Company to entrust the sales agency business of the instant building to the Defendant Company (hereinafter “instant sales agency contract”), and paid to the Defendant Company KRW 3.71 billion from August 2014 to December 201, 2014.

E. F obtained approval for the use of the instant building from the Changwon-si on November 16, 2016, but shall be paid to the Defendant Company in accordance with the instant trust agreement.