1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 26, 2004, the Plaintiff entered into an agreement with the Defendant to the effect that “the Defendant shall invest the remainder of 400 million won in the purchase price of the project site to the Plaintiff until February 10, 2004,” and the registration name of the project site shall be the Defendant, and the Plaintiff shall start the construction work from February 2004 to June 2004, and complete the construction and sale price for the Defendant’s investment amount, regardless of the profit or loss of the new project of this case, the Plaintiff shall be paid KRW 480,000,000 including the total of KRW 80,000,000,000,000, including the investment profit, to the Defendant’s investment amount, by June 30, 2004, as well as by June 30, 2004.”

(hereinafter “instant investment agreement”). B.

In accordance with the above investment agreement, the Plaintiff purchased the instant project site from the Defendant, and completed the registration of ownership transfer on February 19, 2004 with four persons, including Defendant, D, E, and F (F is an investor of Plaintiff as Plaintiff, D, and E). However, the Plaintiff did not complete the construction by June 2004 as stipulated in the investment agreement of this case, and completed the construction work on December 12, 2004.

C. By February 7, 2005, the Plaintiff paid a total of KRW 486 million to the Defendant, D, and E, etc., and additionally paid KRW 14 million on April 4, 2005 to the Defendant, and paid KRW 5 million to E on August 10, 2005.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 4, 6, Gap evidence 7-1, 2, Gap evidence 8-1 through 6, the purport of whole pleadings]

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1 Plaintiff agreed to pay KRW 480 million to the Defendant by June 2004 under the instant investment agreement.