A. The Defendant, upon receiving investment from investors and obtaining profits from the market price of the commercial buildings in the eongsung City, was engaged in the business of distributing them to investors (hereinafter “instant business”). The Plaintiff decided to participate in the investment around September 2006, and the Defendant agreed to distribute profits to the Plaintiff on the basis of the market price of the commercial buildings at the time when the Plaintiff demanded distribution, if the Plaintiff was unable to dispose of the commercial buildings.

Under this agreement, the Plaintiff paid KRW 100 million to the Defendant with the investment money on September 15, 2006.

B. On March 20, 2007, the Defendant sold the above C Commercial Building Nos. 103 and 104 (hereinafter “103” and “104”) and completed the registration of ownership transfer in the name of the Defendant, respectively. < Amended by Presidential Decree No. 20350, Aug. 22, 2008; Presidential Decree No. 20420, Aug. 103, 2008>

(c) Investors and invested amounts invested in subparagraphs 103 and 104 are Plaintiff 10 million won, Defendant 10 million won, D 50 million won, E 50 million won, nameless English vessel of KRW 20 million, and F 50 million.

On August 5, 2014, the sale price was KRW 685 million to G, one of investors, and the transfer registration of ownership was completed on the 6th day of the same month.

At the time of the sale, the secured obligation of the right to collateral security set forth in 104 was KRW 435 million, and KRW 50 million was owed to the lessee set forth in 104, but G was the acquisition of the said obligation, in lieu of a partial payment of the purchase price.

E. The market price of 103 is KRW 661 million, and the loans, which are collateral obligations of the right to collateral security established by the right to collateral security established by 103, are KRW 435 million, and the lease deposit obligation of KRW 103 is KRW 40 million.

[Ground of recognition] A without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 1, Eul evidence 22-23, Eul evidence 30, the result of the court's entrustment of market price appraisal with appraiser H, and the purport of the whole pleadings.