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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff runs real estate development business, etc. in the trade name of “C”.
B. The Plaintiff carried out the business of newly constructing and selling the Do building in the Kug-gu Seoul Metropolitan City (hereinafter “instant shopping mall E-Dong”) and the Gag-gu F building in the Young-si (hereinafter “instant shopping mall G-dong”) respectively.
C. Around June 2014, the Plaintiff entered into a sales contract with the Defendant for the instant building E-dong H-I, and entered into a special agreement with the Plaintiff for the sale of the following contents:
(위 분양계약 및 분양에 따른 특약사항을 통틀어 ‘제1차 분양 및 투자계약’이라 한다). 분양에 따른 특약사항 ▣ 투자 대상 물건의 표시 이 사건 상가 신축사업 제1조(계약기간) 이 계약으로부터 준공시점까지로 한다.
Article 2 (Guarantee of Principal and Proceeds from Sale) (1) The defendant's business shall purchase the Plaintiff's business from H-I of the shopping mall E of this case to one billion won (excluding value-added tax).
(The terms and conditions of payment shall correspond to the sales contract). Payment schedule (excluding value-added tax): 100 million won on the date of the contract, 400 million won of the intermediate payment within one week, and 500 million won of the remainder within 10.8. 10, 2014. ② The Plaintiff may re-sale the instant shopping E-dong H-I, which the Defendant purchased, and the Defendant agrees thereto.
Provided, That the plaintiff shall transfer the sale price to the defendant through the adjustment of the ledger, and the total sale price shall be 1.35 billion won to the defendant and shall be paid to the defendant.
(3) The defendant concludes a separate investment contract under the premise of the sale in units with profit security type, and concludes a separate investment contract to the plaintiff until August 30, 2014, the investment deposit amount of KRW 400 million to the plaintiff until August 30, 2014.
(4) Upon consultation with the Defendant, the Plaintiff shall settle the principal and earnings in kind or in cash, and the Defendant shall settle the accounts in full or in cash.