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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The plaintiff and the plaintiff's successor's claim against defendant D and E.
Reasons
1. Basic facts
A. On September 1, 2006, through H and I, the husband of the Plaintiff and G (hereinafter referred to as the “Plaintiff, etc.”) entered into an agreement with Defendant D on September 1, 2006, on the “F House Development Project (hereinafter referred to as the “instant project site”) between the Plaintiff, etc., and the Plaintiff, etc., to provide six parcels outside of J-J Forest and Forest, and six parcels of land (referred to as the “instant project site” in the attached Table Nos. 1 through 5, 7, and 10; hereinafter referred to as the “instant project site”) in the project site. Defendant D, who is responsible for and executed all acts and input expenses related to the development, such as design expenses, authorization expenses, and civil engineering construction expenses, to develop and sell the said project site as electric source housing site, and to have the profit divided into three to seven parts by the Plaintiff, etc. and Defendant D.
(B) The Joint Development Project Agreement partially amended on May 23, 2008 was re-established. (B)
Defendant D invested KRW 20 million in the purchase cost of access roads to the instant project site, KRW 70 million in the authorization cost, KRW 10 million in the incidental expenses, and the Plaintiff et al. ordered K and L to open access roads to the instant project site on September 22, 2008 with the introduction of Defendant C, which was known through Defendant D around September 22, 2008.
C. However, K and L did not properly perform the construction work of opening the above access road, and Defendant C was prepared on November 6, 2008 by K and L to waive the construction work, and disbursed expenses in the process. On November 12, 2008, the Plaintiff lent KRW 20 million to the Plaintiff.
Plaintiff
On December 23, 2008, when cancelling the instant business agreement with Defendant D on December 23, 2008, Defendant D paid KRW 280 million for expenses invested by Defendant D up to that time (20 million for purchase of access roads + KRW 70 million for authorization and permission expenses + KRW 10 million for incidental expenses + KRW 35 million for incidental expenses) and KRW 315 million for incidental expenses invested by Defendant C until January 30, 2009.
E. The plaintiff et al. had Defendant C around December 2008.