1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff and C and D (hereinafter “Dong”) entered into a partnership agreement with the Plaintiff and C and D (hereinafter “Dong”) to purchase a 192 square meters and F 268 square meters and above-ground housing (hereinafter “instant real estate”) prior to the date of racing, to sell an officetel building at the same place and distribute profits therefrom.

B. C on October 22, 2014, purchased the instant real estate owned by the Defendant from the Defendant on behalf of the Plaintiff and the partner, and completed the registration of transfer in the name of the Plaintiff on the same day.

C. The sales price of the above real estate sales contract was KRW 390,000,000, but C additionally paid KRW 60,000 to the Defendant on October 23, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 3 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff knowingly purchased the instant real estate sales amount of KRW 450,000,000, the actual sales amount is KRW 390,000,000.

Therefore, the Defendant is obligated to return to the Plaintiff the excess purchase price of KRW 60,000,000.

B. After the purchase of the instant real estate, the Defendant had made considerable costs and efforts to newly build studio on the site. Since the Plaintiff and the same entrepreneurs agreed to pay KRW 60,000,000 for the Defendant’s expenses, the instant real estate was sold.

Therefore, the defendant is unable to respond to the plaintiff's request because he received money based on a legitimate title according to the agreement.

3. Ex officio determination of whether the plaintiff is a party, the partnership agreement under the Civil Act provides that two or more persons shall mutually invest to operate a business jointly. Since the partnership's property belongs to the partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's properties. Thus, a lawsuit for a partnership's claim constitutes an essential co-litigation that must be filed jointly by partners, barring any special circumstance, as a lawsuit for partnership's properties. It constitutes Supreme Court Decision