1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant are children of C, and they are siblings.

B. The registration of ownership transfer was completed on November 27, 1986 with respect to the size of 836 square meters prior to the Seoul Special Metropolitan City D, which was owned by the Plaintiff (hereinafter “1 land”).

C. On April 26, 1990 with respect to the land size of 969 square meters (hereinafter “second-party land”) owned by the Defendant and G (the Defendant’s wife at that time), the ownership transfer registration based on the same day donation was completed on April 26, 1990, and the ownership transfer registration was completed on August 16, 2002 with respect to the portion of G on August 16, 2002.

Since then on March 19, 2008, the registration of transfer of ownership was completed on March 18, 2008 due to the acquisition of public land on March 18, 2008.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant offered to the Plaintiff that “If the Plaintiff sells the land 1 and lends the sale price to the Defendant, the Defendant purchased the land 2 after adding up the price for selling other land owned by the Defendant to the said money, and if the market price of the land 2 is erroneous, it will be sold, thereby adding up the amount reflecting the market price marginal profits on the Plaintiff’s loan.” The Plaintiff consented.

Accordingly, the Plaintiff leased the proceeds of selling the land 1 to the Defendant, and the Defendant sold the land 2 on March 18, 2008 after purchasing the land 2. Accordingly, pursuant to the above agreement, the Defendant asserts that pursuant to the above agreement, the Plaintiff shall pay to the Plaintiff KRW 43.5 million (i.e., KRW 416.5 million at the market price of the land 1 at the time of filing the lawsuit in this case (i.e., KRW 416.5 million) on the basis of the market price of the land 1, since the Plaintiff cannot be aware of the amount of land 2 at the time of filing the lawsuit in this case, the Plaintiff must determine

B. The Defendant’s selling of the first land on behalf of the Plaintiff.