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1. The Defendant (Counterclaim Plaintiff) paid KRW 38,290,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from April 2, 2015 to February 3, 2017.
Reasons
1. Basic facts
A. On August 2012, the Plaintiff and the Defendant purchased a sale right and reselled it to divide profits from resale.
B. On June 5, 2013, the Plaintiff completed the registration of ownership transfer on May 24, 2013 with respect to the Seocho-gu Seoul Metropolitan City C Apartment Three Complex 310 Dong 304 (hereinafter “C apartment”), and entered the C apartment around June 2013.
C. The Defendant purchased a sale right from D around March 2013 and completed the registration of ownership transfer in its name on September 23, 2014 by selling the Gangnam-gu Seoul Metropolitan Government E apartment 109 Dong 1404 (hereinafter “E apartment”) (hereinafter “E apartment”).
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 5 and 8, and the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. The plaintiff's assertion 1) The plaintiff agreed to jointly invest the C Apartment and E Apartment (hereinafter referred to as "each of the above apartment complexes") with the defendant, and to bear 1/2 of the relevant investment amount and one-half of the investment profits.
B) As indicated below, the Plaintiff invested 928,901,222 won in total with respect to each of the instant real estate. The Defendant invested 748,650,000 won in total, and the Defendant shall return to the Plaintiff the amount equivalent to approximately 50,125,611 won in excess of 50% compared to the amount ( approximately 55%) borne by the Plaintiff out of the total amount of investment to the Plaintiff. The amount of the Plaintiff’s investment (unit: KRW 35,00,000 in total, KRW 300,000 in total, KRW 200,000 in total, KRW 35,000 in total, KRW 30,00 in total, KRW 200 in total, KRW 35,00,00 in total, KRW 350,000 in total, KRW 310 in total,361 in total, KRW 208 in total, KRW 201 in total, KRW 36,20137,20136,207.