1. The plaintiff's claim is dismissed.

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

1. Facts below the basis of facts do not conflict between the parties or may be acknowledged by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 3, 7 and evidence Nos. 4, 5, and 7.

On November 19, 2012, the Defendant entered into a joint project agreement with the Plaintiff (hereinafter “instant joint project agreement”) under the name of C, which is a construction business operator, and according to such agreement, the Defendant is the instant land owned by the Defendant of Gangseo-gu Seoul Metropolitan Government 126 square meters (hereinafter “the instant joint project”).

(iii) the instant real estate, including the building and its ground buildings (hereinafter collectively referred to as “the instant real estate”).

A) Newly constructing a multi-household house after purchasing KRW 780,000,000 (hereinafter referred to as the “instant newly constructed construction”) is called the instant construction.

(2) The sales amount of the instant sales amount (hereinafter “the sales amount”)

(2) The Plaintiff agreed to transfer the ownership of 1/2 shares out of the instant land to C and to cooperate with the Defendant in receiving the instant real estate loan as security.

B. On November 30, 2012, the Plaintiff, the contractor of the instant construction, completed the registration of partial transfer of ownership based on the sale of shares of 1/2 of the instant land, to C. On the same day, the Defendant borrowed KRW 410 million from the New forest, Seocho-gu, Saemaul Bank as collateral for the instant land, and paid KRW 360 million among them to the Plaintiff as partial payment of the instant purchase price.

C. Since then, the Defendant started the instant construction and continued to perform the structural construction up to 70%, but around October 2013, the construction was suspended and locked due to the shortage of construction funds.

Accordingly, on April 2015, the Plaintiff and the non-party E, who partially lent the construction fund, continued the construction by raising funds necessary for additional construction, and completed the multi-household building on the ground of the instant land (hereinafter “multi-household building”).

E. On April 21, 2015, the Plaintiff, C, E, and the Defendant completed the instant new building at the time of completion.