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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 14, 2009, Defendant C, D, and E entered into an agreement with the following terms and conditions (Evidence A 1; hereinafter “instant investment agreement”).
Location: The 15,00 land size: the Defendant’s land owner (“Defendant”) refers to “A”, “B”, “D”, “B”, and “E” and the following are agreed to make an investment:
- Then, Article 1 (Investors and Investment Funds, Dividend Shares, Defect Round), Name-based Investment Shares C 81,50,000, 12.9% D 50,000,000 per 7.9% E 100,000,000 per 15.8% per 15.8% per 81,50,000, sick C 50,000,000, fixed 100,000,000 won by September 17, 2009
The unpaid payment shall be null and void.
Article 4 (Sale Price and Money to be Paid to Gap)
1. The value of land shall be at least 42,00 won per square day, net profit shall be at least 50%, 20,000 won to 50,000 won, and profits for the total equity (36.6%) of investors shall be paid at least 18,00 won per square day.
3. 50,000,000 won, after deducting all public charges, transfer taxes, office operating expenses, etc., shall be paid first to A, and the provisions of paragraph 1 of Article IV shall apply until paid.
Article 5 (Business Period and Transfer of Land Unsold in Lots)
1. The project period shall be from September 15, 2009 to December 30, 2009, while the project period shall be extended or terminated from January 1, 2010 to December 30, 2010 to December 30, 2010.
2. When it is intended to purchase remaining balance as unsold in lots, it may obtain a transfer in the investor's own name within five to 15.9% of the investor's equity, and the trade price shall be 60,000 to 80,000 won; and
B. The Plaintiff paid E KRW 100,000,000, and E paid the above money to the Defendant around September 18, 2009.
C. The Defendant purchased the location indicated in the instant investment agreement on October 7, 2009 (hereinafter “instant real estate”) through auction, and the registration of ownership transfer of the said land in its name.