1. Of the instant lawsuit, the remaining money that remains after deducting expenses from the proceeds from the disposal of each real estate listed in the separate sheet.

1. The Plaintiff’s assertion, the Defendant, and C have invested one-third each, constructed a building on each ground listed in the separate sheet Nos. 1 through 3, and then an agreement was made to settle each investment profits calculated by one-third ratio with respect to the disposal proceeds of the instant real estate (hereinafter “instant agreement”) and completed the registration of ownership transfer in the Defendant’s sole name with respect to the instant real estate.

The Plaintiff acquired the right to receive the settlement of investment returns from C in accordance with the instant agreement, thereby having the right to receive the settlement of investment returns equivalent to the sum of 2/3 of the proceeds from the disposal of the real estate in this case.

However, since the Plaintiff is dissatisfied with the fact that the Plaintiff acquired the right from C as above, it is sought confirmation as stated in the purport of the claim.

2. Judgment on the main defense of this case

A. The lawsuit in this case is unlawful as there is no currently uneasiness and danger as the business relationship between the Plaintiff and the Defendant continues to exist, and the Plaintiff’s filing of a suit for performance cannot be deemed as a valid and adequate means of removal of apprehensions, even though the Plaintiff could bring a suit for performance as in this case.

B. 1) Determination 1) There is no interest in confirmation, in principle, unless there is no legal uncertainty as to legal relationship between the parties. As alleged by the Plaintiff, the Plaintiff, Defendant, and C entered into the instant agreement, as otherwise alleged by the Plaintiff, and there is no dispute between the parties that the Plaintiff has the right to receive settlement of money calculated at one-third percent of the remaining money, which remains after deducting the costs from the disposal price of the instant real estate in accordance with the instant agreement. Therefore, there is no interest in confirmation. 2) Unless there is any evidence to prove that the legal relationship between C and the Defendant under the instant agreement was terminated, such as that the instant real estate was disposed of or is scheduled to be disposed of.