1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff becomes aware of the defendant's birth in around 2004, and was a person who was enrolled in the premise of C and marriage.

On April 13, 2007, the Defendant entered into a sales contract with D to purchase Dobong-gu Seoul Metropolitan Government E Apartment F (hereinafter “instant apartment”) with a purchase price of KRW 250 million, and completed the registration of ownership transfer under the name of the Defendant on June 11, 2007.

After that, on July 31, 2017, the Defendant sold the instant apartment at KRW 265 million to G, and completed the registration of ownership transfer with respect to the instant apartment to G on October 30, 2017.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 and 2, and the purport of the entire argument of the plaintiff's assertion by the plaintiff and the defendant, the plaintiff and the defendant jointly prepared the purchase fund of the apartment of this case to purchase the apartment of this case in the name of the defendant, but they agreed to settle the purchase price and marginal profit when the plaintiff sold the apartment of this case by mutual agreement between the plaintiff

(hereinafter “instant agreement”). Of the instant apartment purchase fund of KRW 250 million, the Defendant set up KRW 42 million, and the Plaintiff set up KRW 76 million, respectively, and the remainder was set up KRW 132 million for H loans.

However, on October 30, 2017, the defendant arbitrarily sold the apartment of this case and received KRW 265 million from the purchase price. Under the agreement of this case, the defendant is obligated to pay to the plaintiff KRW 83,50,000,000,000,000 ( KRW 265,000,000 - KRW 25,000 - KRW 250,000), which is the sum of KRW 1/2,50,000,000,000 prepared by the plaintiff at the time of the purchase of the apartment of this case.

All of the funds that the Defendant ordered to the Plaintiff via C are the auction proceeds or living expenses borne by the Plaintiff and C while purchasing real estate in the auction procedure, which are irrelevant to the apartment of this case. The settlement of the purchase fund of the apartment of this case is made.