1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the case where the defendant additionally determines as to the assertion added by the court of first instance under paragraph (2).

2. Additional determination

A. The defendant's assertion 1) The plaintiff paid his investment in accordance with the joint investment agreement or a partnership agreement with the defendant and C, and the contract amount of this case occurred in the course of the plaintiff's withdrawal from the above investment relationship. Since the defendant's repayment obligation belongs to the partnership obligation, the lawsuit of this case filed against the defendant merely because the defendant and C are defective in the standing to be a joint defendant, and thus, the lawsuit of this case is unlawful. 2) The defendant and the defendant concluded an investment agreement with the defendant to purchase the DNA and eight other eight other lots of land in the auction procedure in accordance with the purport of the arguments in the first instance trial and the testimony of the witness C of the first instance trial, according to the whole purport of the pleading, and there is no evidence to acknowledge that the defendant received the investment amount of 150,000,000 won from the plaintiff in order to raise funds under the agreement, and further, there is no joint investment agreement or partnership agreement between the plaintiff, C and the defendant as alleged by the defendant.

Therefore, the first defendant's assertion on a different premise is without merit.

B. 1) The Defendant’s assertion that it should still be settled as an investment deposit. The Defendant’s assertion that it would request the return of the investment deposit, and that it would continue to make an investment without recovering the investment deposit again. Thus, there is no money to be returned with an agreed deposit, and even if the Plaintiff claims the return as an investment deposit, there is no money to be paid to the Plaintiff when settlement of profits and losses is made. 2) The Defendant’s determination that it plans the return of the investment deposit at the end of February 2015, as soon as possible.