1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff and the Defendant’s investment agreement and sales contract and the Defendant’s wife G and the Defendant are private villages. Around 2005, the Plaintiff entered into an agreement with the Defendant to pay KRW 300 million to the Defendant (including the amount already leased) and invest KRW 600 million in the real estate in total by separately preparing KRW 300 million, but if profits occur due to a rise in the market price in the future, one-half of them should be divided (hereinafter “instant agreement”).

The purchase price of land 1: The intermediate payment of KRW 320 million: KRW 40 million: The remainder until July 4, 2005: KRW 100 million; KRW 180 million; and up to July 29, 2005: The purchase price of land 2: KRW 250 million: the intermediate payment of KRW 20 million: KRW 10 million: the remainder until July 4, 2005: KRW 135 million; and the Defendant concluded a purchase contract with the Plaintiff and the Defendant around June 19, 2005 under the name of Gangseo-gu Seoul Metropolitan Government C& 2658 square meters (hereinafter referred to as “land 1”) and EF, and each land 209 square meters (hereinafter referred to as “Defendant 2”).

The main contents of each sales contract are as follows:

On August 29, 2005, the registration of ownership transfer D with respect to the land Nos. 1 and 2 was completed for the Defendant on the ground of “sale on July 29, 2005.” On August 22, 2005, E completed the registration of ownership transfer with respect to the land No. 2 on the ground of “Sale on August 18, 2005.”

On March 14, 2016, the Defendant changed the right relationship with G on March 14, 2016, with the maximum debt amount of KRW 300 million as to the land No. 1, set up a collateral security with the debtor as the defendant, and completed the registration of the establishment of a collateral security on March 17, 2016.

In consultation with the Plaintiff on April 13, 2016, the Defendant sold No. 2 land to H in KRW 300 million, and completed the registration of ownership transfer on April 28, 2016.

The Defendant who paid the Defendant’s profit shall pay H KRW 5 million at the same time as the contract was concluded on April 13, 2016 from H, KRW 25 million on April 14, 2016, and KRW 5 million on April 2016.