A. The Plaintiff’s assertion 1) The Plaintiff between the Defendant and the Defendant around 2012, Nos. 101, 1207, Daegu Suwon-gu building B (hereinafter “instant real estate”).

(2) The Plaintiff paid KRW 7,150,000 as a bid bond and completed the registration of ownership transfer in the name of the Defendant on June 29, 2012, by winning a bid in the open bid of the Korea Land Trust and various real estate analyses, and the Defendant was awarded a bid for KRW 381,431,200.

3) At present, the market price of the instant real estate reaches approximately KRW 700,000,00. As such, the Defendant is obligated to pay the Plaintiff KRW 100,000,000, out of the bid bond 7,150,000 and the investment return that the Plaintiff originally paid to the Plaintiff. (B) Determination 1) The Plaintiff and the Defendant jointly participated in the bid of the said real estate and agreed to distribute the proceeds therefrom, and the Plaintiff paid the said bid deposit to the Defendant, and the fact that the Defendant was awarded the bid under the name of the Defendant may be recognized by each entry in the evidence Nos. 1 and 2.

2. However, there was a specific agreement between the Plaintiff and the Defendant on the distribution of profits.

As to whether the above investment made profits or accrued from the above investment, it is insufficient to recognize it only with the entries in Gap evidence Nos. 4 and 5, and there is no other evidence to acknowledge this, it cannot be said that the defendant is liable to pay KRW 100 million out of the profits, in addition to the return of the above bid bond

2. Judgment on the defendant's argument for rescission

A. The defendant's assertion also argues that the defendant's obligation related to the above investment has ceased to exist since the plaintiff requested the return of the bid bond paid by himself and returned all of them while intending to refrain from the investment case of the real estate of this case.

B. Determination 1.