1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On June 14, 2015, the Plaintiff purchased land and entered into an investment agreement with the Defendant as follows in the name of the Plaintiff’s wife and the Defendant’s mother C, to build a church building:

The plaintiff and the defendant shall purchase 360,000,000 square meters in common for 360,000,000 square meters in Busan-gun, but shall bear 1/2 of the purchase price.

The defendant shall pay all the land purchase funds, principal and interest of loans, and other incidental expenses invested by the plaintiff while acquiring the plaintiff's share of land within three years from August 12, 2015, which is the date of payment of the remaining land price.

B. In accordance with the investment agreement, the Plaintiff paid KRW 105,230,700 to the Defendant for the purchase of land and the construction of a church building over several occasions from December 30, 2014 to July 3, 2016.

C. In the process of constructing a church building, the Defendant independently built the Plaintiff, in collusion with C, donated the Plaintiff’s share of land in the name of C, and arbitrarily changed the creditor and debtor of the right to collateral security established on the land.

The Plaintiff rescinds the investment agreement by filing the instant lawsuit on the grounds of the Defendant’s tort and nonperformance.

Therefore, the defendant is obligated to pay 86,230,700 won, subtracting 19,000,000 won, which was returned to the plaintiff from 105,230,700 won of the plaintiff's investment, and legal delay damages as stated in the purport of the claim.

2. Although examining all evidence submitted by the Plaintiff from No. 1 to No. 9, it is difficult to recognize that an investment agreement between the Plaintiff and the Defendant was concluded.

The plaintiff's assertion cannot be accepted without examining the remainder of the issue.

The plaintiff's claim is without merit.