1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 2006, the Plaintiff and the Defendant invested funds in 1/2, and purchased D shop E and F (hereinafter “instant shop E, etc.”) located in Young-gu, Young-gu (hereinafter “instant shop”) and run a leasing business. The Plaintiff agreed to divide the lease profit accrued from the said business equally with the Plaintiff (hereinafter “instant trade contract”), and purchased from G, and completed the registration of ownership transfer under the Defendant’s name on October 19, 2006.

B. According to the instant trade contract, the total purchase price of the instant shopping mall E, etc. is 60 million won. The actual purchase price calculated by deducting the deposit of KRW 60 million and KRW 250 million for bank loans under the existing lease agreement is 290 million. The Defendant paid to the Plaintiff KRW 150 million in total, including KRW 30 million for the actual purchase price of KRW 290 million and KRW 120 million for the intermediate payment.

C. On July 4, 2016, the Defendant sold No. 225 million won among the instant shopping districts, and sold No. 190 million won among the instant shopping districts to H on June 9, 2016, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant club business contract was terminated by the Defendant selling the instant shopping mall E, etc., so the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 415 million calculated by deducting KRW 250 million from the total sales price of the instant shopping mall E, etc. (= KRW 165 million calculated by deducting KRW 250 million from the total sales price of the instant shopping mall E, etc. (= KRW 225 million) at KRW 190 million (= KRW 415 million-250 million) and damages for delay therefrom) based on the Plaintiff’s share (= KRW 82.5 million).

(b).