1. The plaintiff's claim is dismissed.

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

Facts of recognition

On August 25, 2016, the Plaintiff (the actual actor is the Plaintiff’s husband C) and the Defendant entered into a partnership agreement on the business of importing salt farms (hereinafter “instant agreement”).

The content was that the Plaintiff invested KRW 20,000,000 and the Defendant invested KRW 110,000,000, and the Plaintiff intended to import salt 100,000 within eight months from the date of agreement.

The above business agreement included an agreement to waive its investment in the event that the Plaintiff failed to import salt, and to compensate the Defendant for 85% out of the investment money.

On August 25, 2016, the Plaintiff completed the registration of the instant right to collateral security with respect to the instant real estate to the Defendant on August 25, 2016.

The Defendant paid KRW 30 million to the Plaintiff on June 14, 2016, and paid KRW 80,000 to the Plaintiff on August 23, 2016, thereby paying KRW 110,000 under the instant agreement.

On January 3, 2017, the Defendant notified C of the reversal of the instant agreement.

On January 10, 2017, the Plaintiff returned 60 million won out of the investment amount to the Defendant.

(Reasons for Recognition) Facts without dispute, Gap evidence 1, 2, 10, Eul evidence 1 (including each number), the purport of the whole pleadings.

The Defendant unilaterally reversed the instant agreement, and the Plaintiff unilaterally performed its duty to return the investment amount by unilaterally cancelling the agreement, taking into account the following: (a) the Defendant’s liability for damages following the reversal of the agreement; (b) the agreement to recover 85% out of the investment amount when the agreement was failed; (c) the Defendant’s investment amount of KRW 10 million out of the investment amount is D; and (d) D agreed to waive the said investment amount into account the fact that it paid KRW 60 million to the Defendant on January 10, 2017.

Therefore, since the secured debt of the registration of this case was extinguished by the above repayment, the above registration must be cancelled.

The plaintiff did not perform all his duties as a partner under the agreement of this case, and the defendant did so on the ground of this.