투자수익금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that, around 2004, the Plaintiff entered into a joint investment agreement with the Defendant, a partner, to acquire real estate in the auction procedure and distribute profits from lease or sale to 50:50. Pursuant to the above joint investment agreement, the Plaintiff sold each real estate listed in the separate sheet in the Defendant’s name in the auction procedure.
After leasing each of the above real estate, rent of KRW 200,450,00 has accrued, and the above real estate was purchased or sold or owned (each of the real estate listed in attached Table 1, 3, and 5) and the purchase or sale of KRW 299,00,000 in aggregate equivalent to the purchase price or the individual published price of the real estate owned (each of the real estate listed in attached Tables 2, 2, and 4) has accrued, but the defendant did not distribute the profit under the above joint investment agreement to the plaintiff.
Therefore, pursuant to the above joint investment agreement, the defendant should pay to the plaintiff 249,725,00 won [20,450,000 won [299,00,000 won or gains from sale or possession of rent) ± 2] according to the above joint investment agreement.
2. Although the Defendant did not dispute the fact that each of the above real estate was sold at the auction procedure between the parties, it is not sufficient to recognize that each of the evidence Nos. 2, 3, 6, 7, and 8 was concluded between the Plaintiff and the Defendant as alleged by the Plaintiff, and there is no other evidence to support this, the Plaintiff’s assertion is without merit without further review.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.