1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 15, 2002, the Plaintiff, the Defendant, and C purchased D 1307.6 square meters (hereinafter “instant land”) from Cheongju-si, Cheongju-si from the Korea Land Corporation, and on November 26, 2003, the Plaintiff completed the registration of ownership transfer on the ground of sale on April 15, 2002 with respect to the instant land, 3/10 shares, 4/10 shares, and 3/10 shares, respectively.

B. On November 26, 2003, the Plaintiff and the Defendant completed the registration of the establishment of a neighboring mortgage on the instant land to E Association (hereinafter “E”) with the maximum debt amount of KRW 630 million and KRW 450 million in the name of the Defendant as security, and was loaned from E in the name of the Defendant.

C. Around June 2004, the Plaintiff and the Defendant concluded a partnership agreement (hereinafter “instant partnership agreement”) with the content that a new building on the ground of this case was built and operated as a restaurant at a place of business and that the value of the investment and the ratio of distribution of profits and losses should be determined at 50:50.

On June 1, 2004, the Plaintiff and the Defendant completed the registration of change of the right to collateral security, which increases the maximum debt amount of the above right to collateral security to E as KRW 910 million, and on June 8, 2004, the Plaintiff and the Defendant secured this as collateral, and the self-reliance deposit loan amounting to KRW 250 million in the name of the Defendant (hereinafter “instant loan”). Of that, the Plaintiff’s loan amounting to KRW 125 million in proportion to the Plaintiff’s value of investment (=250 million x 1/2), the Plaintiff’s loan amounting to KRW 125 million in accordance with the ratio of the other Defendant’s investment amount (hereinafter “Defendant loan”). The above loan amounted to KRW 125 million in accordance with the above loan amount of KRW 125 million in accordance with the above Defendant’s loan amount, was operated from 200 square meters in the land of this case as KRW 2347.8 square meters in each of the instant buildings (hereinafter “the instant restaurant”).

E. C. August 4, 2004