1. The instant lawsuit shall be dismissed.

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

1. Basic facts: (a) around August 30, 2001, the Defendant concluded a partnership agreement with the Plaintiff to purchase the land of the E in terms of harmony and develop and divide profits from the purchase of the land of the E in terms of harmony; (b) however, the Defendant concluded an oral agreement to develop and divide profits from the purchase of the land of the F in terms of harmony (hereinafter “instant land”) around September 10, 2001, which was about 10 days after the purchase of the land of the E in terms of since the said land fell under an area for which a factory permit cannot be granted.

(2) On September 20, 2001, the Plaintiff concluded a contract to purchase the said FF land in the name of the G Relocation Council, including the Plaintiff and the Defendant, at least KRW 3.2 billion, in the name of the Plaintiff’s association, in accordance with the instant business agreement. The Plaintiff agreed to invest approximately KRW 762 million, including the initial funds for purchase of the land, and the Defendant shared the role to take charge of the authorization, permission, and sale of the land.

However, as the price of the above land increases, the seller of the above land demanded to raise the purchase price, and the plaintiff and the defendant filed a lawsuit against the seller for the registration of ownership transfer and won the case in the Supreme Court around September 20, 2007.

As above, the Defendant received a written withdrawal from the purchaser of the land, including the Plaintiff, and completed the registration of ownership transfer in the name of the Victim H Co., Ltd. (hereinafter “H”) around February 22, 2008 after winning the case.

On the other hand, in the process, the Defendant borrowed the instant land from a single-lane of KRW 5 billion and KRW 1 billion in the secondary-use savings bank as collateral, and sold approximately KRW 13.2 billion after developing the instant land, and thereafter, deposited the amount of KRW 19.2 billion in the total amount of the loan and the sale price to H’s corporate account for the purpose of H, by receiving the transfer of the amount of KRW 19.2 billion in total as collateral.

The Defendant used the above loans and sales proceeds for H, due to a prolonged lawsuit over a long time, the Plaintiff, etc. used the H’s funds.