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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 2012, the Plaintiff and the Defendant entered into an agreement with the Plaintiff to collect the investment principal in proportion to the investment amount and to distribute the net profit from deducting all the expenses, such as the interest on bank loans and taxes, according to the respective investment ratio (hereinafter “instant business agreement”), and accordingly, invested KRW 670 million to the Defendant.
B. In accordance with the above agreement, the Defendant purchased the instant land pursuant to the said agreement, completed the “C” of the sixth floor size above the said land (hereinafter “instant housing”), and completed the preservation registration as an aggregate building on May 6, 2013.
C. On July 26, 2013, the Plaintiff, the Defendant, and the Dae-gun Comprehensive Construction Co., Ltd., Ltd., the contractor of the instant housing, concluded a sales contract with D, the Plaintiff’s wife, to sell the instant housing on the following terms:
(hereinafter “instant sales contract”). ① The sales price of the instant housing is KRW 2.77 billion (including value-added tax), and the down payment is KRW 670 million (including value-added tax) paid to the Defendant in lieu of the said investment amount of KRW 6770 million, which is paid by the Plaintiff to the Defendant, and the remainder of the remainder, which remains after deducting the bank loans of KRW 684 million and the deposit for lease on the instant housing already received by the Defendant from KRW 140 million from the remainder, shall be paid to the Defendant by November 30, 2013.
(2) After the date of a sales contract, brokerage commission and additional purchase expenses incurred in leasing the instant house shall be adjusted as actual expenses.
(3) Where profit margin occurs as D sells the instant housing again within one year and six months from the date of a sales contract, D shall be limited to one third of the profit margin on the instant housing to the defendant and the substitute military chaplain.