1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. On November 201, the Plaintiff agreed to newly construct a loan (hereinafter “instant new loan”) on the land of Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant new construction”) by investing funds by the Defendant and the Defendant, while carrying out the construction work (hereinafter “instant loan”) and divide the proceeds therefrom into the proportion of Plaintiff 3 and Defendant 7 (hereinafter “instant loan agreement”).

B. On December 21, 2011, the Plaintiff borrowed KRW 30 million from D, and used KRW 10,000 among them for the cost of living, and remitted the remainder of KRW 20,000 to the Defendant as the investment deposit under the instant business agreement.

C. The Plaintiff and the Defendant leased the name of E to undertake the instant new construction, and obtained permission for the completion of the instant loan from May 2012, and sold all the units of the instant loan from July 2012 to April 1, 2013.

[Ground for Recognition: Facts without dispute, Gap evidence 1 to Gap evidence 3, Gap evidence 4-1 to 12, purport of whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion that the sale of the loan of this case was completed, and thus, the Defendant should refund the settlement amount and the investment deposit to the Plaintiff.

Expenses incurred in the instant loan projects are KRW 1,035,00,00 for land purchase, KRW 57,221,372 for construction expenses (i.e., KRW 579,921,372 for construction expenses) (i.e., KRW 8,851,374 for refund KRW 30,800 for interest on loans and interest on redemption before maturity, KRW 48,851,374 for sale consulting expenses, KRW 54,000 for the head of the sales office and KRW 18,122,80 for the head of the sales office and KRW 1,713,195,546 for the total of KRW 1,81,00 for the sales price, KRW 1,81,00 for the sales price, KRW 1,804,000 for the sales price, KRW 1,811,000,000 for the sales profit).

Therefore, the Defendant is obligated to pay the Plaintiff KRW 29,341,336 (=97,804,454) 】 30% 】 20,000,000 investment, and the sum of KRW 49,341,336.

However, the defendant paid 1,2130,000 won on behalf of the plaintiff against D, but did not pay any money to the plaintiff.

(b) between the parties to the determination.