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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff was working as a pastor belonging to the Defendant church by February 2, 2014.
(2) On August 19, 2008, the Defendant entered into a sales contract to purchase the instant real estate (hereinafter referred to as “instant real estate”) at KRW 127 million with the purchase price of KRW 167.2 square meters and above-ground housing (hereinafter referred to as “instant sales contract”) from Yongsan-gu, Yongsan-gu, Busan, and the Defendant used the instant real estate as the shelters for the disabled of the Defendant church after completing the registration of the transfer of ownership on October 10 of the same year. The Plaintiff took overall charge of the operation and management of the said shelters for the disabled.
B. On November 20, 2013, the Defendant sold the instant real estate to E in KRW 320 million.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3 (including provisional number), Eul evidence 7-2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is obligated to pay KRW 172,873,563 (=320 million x 47 million x 87 million) out of the sales amount, as the Plaintiff jointly purchased the instant real property with the Defendant, and the Defendant sold the instant real property at KRW 320,000,000. As such, the Defendant sold the instant real property at KRW 37,000,000,000, the Defendant is obligated to pay KRW 172,873,563 (=30,000 x 320 million x 47 million x 87 million).
B. Defendant’s assertion that the Plaintiff purchased the instant real estate jointly with the Defendant.
Therefore, according to the facts stated in Gap evidence No. 8 and testimony F, and G's testimony as to the existence of title trust agreement on March 3, 199, the plaintiff's share of part of the purchase price at the time of the purchase of the real estate in this case is recognized, but the facts recognized as above and the purport of the entire pleadings are added to each of the facts stated in the evidence No. 3 and No. 5.