1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 2006, C entered into a sales contract with D on behalf of the Defendant for purchasing KRW 670,000,000 in the purchase price of KRW 3,305 square meters in the Jung-gu Incheon Metropolitan City E Park owned by D (hereinafter “instant sales contract”). At the time of the instant sales contract, the buyer entered into the sales contract as “the Defendant and three others.”

B. On December 2006, the Defendant, by notifying the Plaintiff of the conclusion of the instant sales contract, proposed that he would purchase the said land jointly and then resell it to divide profits from resale. The Plaintiff received the said proposal.

C. After that, due to the seller’s circumstances, the size of 3,305 square meters in Jung-gu, Incheon Metropolitan City, which is the land for sale under the instant sales contract, was reduced to 2,644 square meters (hereinafter “instant land”). Accordingly, the sales price under the instant sales contract was reduced to 536,00,000 won.

Meanwhile, taking into account the Defendant’s efforts to buy the instant sales contract, the Plaintiff and the Defendant agreed that KRW 294,00,000 out of the sales price of the instant land shall be KRW 242,00,000 (=the purchase price of KRW 536,00,000 - KRW 294,000) shall be borne by the Defendant respectively, and the proceeds from resale acquired through resale of the instant land shall be divided by 1/2.

E. Accordingly, the Plaintiff paid KRW 294,00,000 to the Defendant for the purchase price of the instant land, including KRW 160,000,000,000, which was borrowed from F, known to F, and his own money, and KRW 134,00,00,000.

F. Meanwhile, the original Defendant intended to pay KRW 242,00,000, which was to be borne by himself, out of the purchase price of the instant land with the resale price received by the seller, but did not resell the instant land, and the seller was urged to pay the remainder from D.