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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 February 1, 2008, the Plaintiff and the Defendant agreed to operate a business of constructing and selling a multi-household building on the instant land (hereinafter “instant business”) after purchasing KRW 200,000,000 each by investing the land of Gangdong-gu Seoul Metropolitan Government 149 square meters (hereinafter “instant land”). On February 1, 2008, the Plaintiff agreed to distribute the proceeds in proportion to the value of the investment.
B. Around that time, a sales contract for the instant land was concluded with the Defendant as the buyer. By February 28, 2008, the Plaintiff invested KRW 84,000,000 for the payment of the down payment and intermediate payment, etc. as a result, and the Defendant invested KRW 70,000,000, respectively. After that, the Plaintiff entered D as a new investor and invested KRW 200,000,000, and the Defendant and D as a new investor, respectively, invested KRW 100,000,000, respectively. The share in the instant land was determined as Plaintiff 2/4, Defendant, and 1/4 each of them jointly (hereinafter “instant business agreement”).
C. After the registration of ownership transfer was made in the name of the Defendant on the instant land, and around September 2008, the registration of ownership transfer was completed in the name of the Defendant with respect to each section of exclusive ownership of the instant building on September 30, 2008, as the reinforced concrete building was completed the five-story neighborhood living facilities and multi-household houses (hereinafter “instant building”).
However, as the sale of the building of this case is not smooth due to the real estate economic stabilization, problems related to income tax burden, etc., if the plaintiff, the defendant, and D fail to sell the building of this case by five years after the completion of construction, five households shall be distributed in kind according to the business shares, and if there is any excess or excess in comparison with the market price of each distribution household and the final settlement amount in consideration of the profit or loss from the project of this case by the business shares, the difference shall be settled in cash.
(e)the origin, the Defendant and the D. accordingly;