1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 8, 2015, the Plaintiff entered into a contract with the Defendant and C on the following terms (hereinafter “instant contract”) with respect to the new construction of the D Multi-Family Housing (hereinafter “instant project”).

Article 2 (Bearing of Project Costs) (1) The defendant shall convert the ownership of land N, F, and Military E into beneficiary certificates and delegate his/her authority to the plaintiff and C.

(2) The plaintiff and C shall use all the expenses, such as purchase price of land, civil engineering and construction costs, design, sale in lots, authorization and permission costs, and taxes and public charges related to preservation of ownership and development, excluding the defendant's

Article 3 (Distribution of Business Profits) ① The defendant's business profits are 30% of the net business profits, excluding the cost of the plaintiff and C's business expenses and taxes and public charges under Article 2 (2), except the cost of the land.

② The Plaintiff’s business profit is 30% of the net business profit, excluding the Plaintiff and C’s business burden costs and taxes and public charges under Article 2(2), excluding the land price.

③ The business profit of C shall be 20% of the net business profit, excluding the expenses to be borne by the Plaintiff and C under Article 2(2) and taxes and public charges.

(4) 20% of the business profits, excluding the land price and the total net profits above 80%, shall be the investment cost and reserve funds.

Article 5 (Responsibility) (1) The defendant shall prepare a letter of delegation concerning approval of land use, land-related affairs, and approval and permission affairs related to the implementation of a project, and cooperate in the process of progress of development trust affairs and finance affairs of the plaintiff and C.

② 원고 및 C는 ㉠ 이 사건 사업 추진 지원비 지원 업무, ㉡ 이 사건 사업의 인허가 비용 지원 업무, ㉢ 금융, 토목, 건축, 설계, 분양 및 인허가 업무, ㉣ 건설사를 선정한 후 시공계약 체결 업무를 하기로 한다.

[Matters of Special Agreement]

6. The plaintiff, the defendant, and C shall be jointly liable for all costs in the event that the project is not in progress.

B. The instant case.