1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The plaintiff and the defendant entered into a contract with C or D (hereinafter "C, etc.") on October 30, 1998 to exchange each real estate listed in the separate sheet (hereinafter "the real estate of this case") with forest land located in the field located in the YY-gun, the Gyeonggi-gun, the defendant owned, with the plaintiff and the defendant. On January 18, 2000, the registration of ownership transfer was completed on October 30, 1998 on the ground that each of the real estate of this case was jointly owned by 1/2 shares.

The Plaintiff and the Defendant acquired the instant real estate, while acquiring the instant real estate, acquired the lessor’s status under the lease agreement previously concluded with C, etc. regarding the instant real estate. At the time, the sum of the lease deposit for the instant real estate was KRW 775,00,000.

Meanwhile, the Plaintiff and the Defendant independently managed the instant real estate on November 1, 1998; however, the Plaintiff and the Defendant did not distribute the rent that the Defendant received by leasing the instant real estate to a third party; the Plaintiff and the Defendant agreed to increase the profitability of the instant real estate by increasing the monthly rent in lieu of reducing the amount of the lease deposit when concluding a lease agreement again with a new lessee after the termination of the existing lease agreement, which was concluded with respect to the instant real estate, and the difference between the lease deposit received from the new lessee and the lease deposit to be returned to the existing lessee was to cover the profits from the lease of the instant real estate.

The Defendant agreed to use the instant real estate as the expenses incurred in managing the instant real estate, the Defendant’s remuneration, etc. following the management of the instant real estate, and in accordance with the above agreement, the Defendant managed the instant real estate from November 198.

The defendant of the relevant case shall be the plaintiff on September 29, 201.