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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The defendant purchased on July 15, 2003 the land as stated in the purport of the claim(hereinafter “instant land”) which is the project site from the defendant, on October 21, 2003, when he/she carried out a new construction project of multi-family housing in Gangdong-gu Seoul Metropolitan Government D (hereinafter “instant project”). The defendant received 150 million won of the intermediate payment from the above multi-family housing on December 5, 2003, and KRW 150 million of the intermediate payment from the above multi-family housing on March 25, 2004, and KRW 250 million out of the remainder from the above Ansan Dogdong on March 27, 2004, and KRW 100 million out of the remainder from the above multi-family housing on March 27, 2004.
B. However, on April 18, 2006, the above multi-use housing, enzym construction, and M&D capital Co., Ltd. transferred the instant business at KRW 16.7 billion, and the above prox venture capital transferred it to U.S. M&DD (hereinafter “N&D”) on July 6, 2004.
C. The Plaintiff invested in the instant project between U.S. and U.S. C&D. The Plaintiff was distributed when development gains accrue, and U.S. entered into an investment agreement with the purport that the investment principal would be repaid at the time of securing project financing scheduled January 2005, but the face value would be offered as security, and on May 30, 201, the Plaintiff invested in U.S. C&D’s total amount of KRW 7 billion on September 30, 2004; KRW 3 billion on November 2, 2004; and KRW 7 billion on November 3, 2004.
On April 13, 2005, the Plaintiff: (a) as to the instant land between the Defendant and the Defendant, KRW 175 million; (b) as of April 30, 2005, the date of completion of the contract; and (c) as of April 30, 2005, the date of completion of the contract, is deemed to have been completed even if there was no declaration of completion; and (d) simultaneously