1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 2001, the Plaintiff paid KRW 78 million to the Defendant (the Plaintiff’s punishment).

B. On December 15, 2001, the Defendant purchased from C and D the said KRW 78 million and its own money together, and completed the registration of ownership transfer on January 28, 2002.

C. The Defendant sold the instant real estate No. 1 to F on December 21, 2006 and received KRW 52,2280,000 from the purchase price.

The Defendant purchased from G and H 15/30 shares of Il-dong-gu 1,087 square meters, J 20 square meters, K 1,061 square meters (hereinafter collectively referred to as “instant 2 real estate”), and completed the registration of the transfer of ownership on March 28, 2007.

(On the other hand, on May 10, 200, the defendant has already purchased 15/30 shares from L on May 10, 200 and completed the registration of ownership transfer on June 12, 200).

On May 23, 2013, the Defendant paid KRW 100 million to the Plaintiff.

F. On March 21, 2014, the Defendant sold real estate No. 2 to M and N, and received KRW 650 million in the purchase price.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 5, Eul evidence No. 4, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. In order to purchase the real estate of this case, the Plaintiff invested KRW 78 million in the purchase of the real estate of this case, and the Defendant agreed to pay 1/2 of the purchase price to the Plaintiff as profit when selling the real estate of this case in the future.

After that, the Defendant sold the instant real estate No. 1 to F, and received KRW 52,2280,000 from the purchase price.

Therefore, the defendant should have paid to the plaintiff KRW 26,1140,000 equivalent to KRW 1/2 of KRW 52,2280,00.

However, the defendant proposed that the plaintiff should purchase real estate by re-investment without paying KRW 260,1140,000 to the plaintiff. The plaintiff accepted the proposal, and the defendant was paid in money G and H, and the second day of this case from H.