A. On the recommendation of D on December 4, 2006, the Plaintiff and the Defendant concluded a sales contract with respect to the land F. 44.3 square meters owned by E (hereinafter “instant site”) and the building without permission on its ground (hereinafter “instant unauthorized building”).

B. The sales contract for the instant building site is indicated as “the seller E, the buyer, and the buyer 50,000,000 won.” The sales contract for the instant building without permission is indicated as “the seller E, the buyer, and the buyer 34,000,000 won.”

C. Meanwhile, on December 11, 2006, the Plaintiff remitted KRW 41,000,000 to the above E, and on January 11, 2007, imposed acquisition tax of KRW 135,070 on the instant unauthorized building. On December 14, 2016, the Plaintiff paid KRW 820,000 to the Defendant.

On the other hand, on December 11, 2006, the Defendant remitted KRW 42,000,000 to the above E, and on December 20, 2006, the Defendant finished the registration of ownership transfer for the instant building site due to sale on December 4, 2016, and bears KRW 1,200,000,000, acquisition tax, and KRW 1,100,000,00 for the instant building site.

E. The value of the instant site at the time close to the date of closing argument of the instant case is KRW 53,160,000.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3 and evidence 1 and 2; the result of a request for market price appraisal to the G Appraisal Office of this Court; the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff to jointly purchase the instant site and unauthorized buildings in order to secure the right to move into redevelopment in the future. For convenience, the instant site is in the name of the Defendant, and the instant unauthorized building is in the name of the Plaintiff and the sales contract is prepared in the name of the Plaintiff.

However, since the partnership relationship between the plaintiff and the defendant terminated, the defendant is 26,580,000 won equivalent to the plaintiff's share (1/2) of the value of the site of this case among 53,160,000 won, and a copy of the complaint of this case.