보관금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On February 23, 2015, the Plaintiff, the Defendant, and C entered into a joint investment agreement (hereinafter “instant joint investment agreement”) with a view to jointly investing in the case of DD real estate auction and obtaining a successful bid for land E and its ground buildings (hereinafter collectively “instant real estate”) and distributing profits therefrom after disposing of the same.
The plaintiff is in charge of the affairs related to the auction procedure and the disposal of real estate, and the defendant is to borrow and pay part of the successful bid price under his own name, and C is to invest part of the successful bid price in cash and to distribute profits each 1/3.
B. The Plaintiff, the Defendant, and C participated in the above auction procedure and won awarded the bid price of KRW 337,887,80,80, and the total amount of KRW 356,745,400, including registration expenses and banking expenses, was required. Of the above money, KRW 220,000,000, the Defendant received a loan from the F Depository in its name, and paid the remainder of KRW 136,745,400 in cash.
On February 18, 2016, Plaintiff, Defendant, and C completed the registration of ownership transfer with respect to each of 1/3 shares in the Plaintiff’s names G, Defendant, and C’s father H.
C. In order to create profits, the Plaintiff, the Defendant, and C transferred one of the two Eduction coupons in the instant real estate to I around April 2016, around KRW 225 million.
The Defendant received KRW 22 million from I on the day of the contract as the down payment, and around July 12, 2016, a sum of KRW 225 million, including the remainder KRW 23 million, around July 12, 2016.
At the request of the plaintiff, the defendant paid 74,415,00 won to the plaintiff or directly executed the funds for the same reasons as the following table.
Items (C) of this case’s real estate repair cost of KRW 10,00,000,000 for the real estate repair cost of this case’s real estate repair cost of KRW 3,000,000 for the first revenue distribution of KRW 11,415,00 for the first revenue distribution of KRW 3,805,00 for each of the 11,415,000 for each of the 3,805,000, and the Plaintiff and C are the multi-household auction bid deposit