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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 October 10, 2014, Nonparty C, the Defendant, entered into an investment agreement with Nonparty D with respect to a new housing construction project on the ground (hereinafter “instant project”) on a parcel, except for the 1,729 square meters wide (hereinafter “E land”) owned by the Defendant, which is located in Gosi-gun, Jeon Chang-gun, North Korea (hereinafter “E land”).
1. C is responsible for the purchase of land, electrical construction, ready-mixed and facility works;
2.D completes the completion of the framework and construction parts (friger, kimchi cooling, food-processing equipment) and distributes 50% of profits to D for the remaining 24 households, except for land purchase costs, construction works, various incidental costs, and taxes and taxes, from the estimated sale price (190 million won per household, 24 households, total of 4.56 billion won per household), and no rights are asserted for the remaining parts.
3. Earsen, Earsen, Litchor, and windows shall respect C’s opinions.
4. The part to be sold in lots shall run by C.
5. All admissions and withdrawals shall be executed by C through the defendant head of Tong.
6.In the event of breach of a mutual agreement, 30 per cent of the margin breadth shall be compensated.
B. On November 5, 2014, the Plaintiff agreed with D regarding the instant business with D, and at the time C guaranteed the Plaintiff’s obligation to pay the price.
1. D will transfer 50% of the equity interest of 24 households in F Housing to the Plaintiff at KRW 150 million per day.
2. The Plaintiff shall pay KRW 10 million, simultaneously with the contract, and shall pay KRW 15 million per month for five months each month, and shall pay KRW 100 million within one month after completion.
3. The Plaintiff may recognize the contract form written by D and C in October, but may modify the contract form only when there are necessary parts.
C. On November 5, 2014, the Plaintiff and the Defendant agreed with respect to the instant business (hereinafter “instant investment agreement”) as follows.
1.