1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On July 2003, the Plaintiff and the Defendant purchased C Apartment 901 (the instant apartment) in Eunpyeong-gu Seoul Metropolitan Government, and registered in the Plaintiff’s name, but decided to distribute profits if the value of the instant apartment in the future is lower than the value of the apartment in the future. Accordingly, the Plaintiff invested KRW 30,000,000, and the Defendant paid the purchase price after receiving a loan of KRW 150,000,000 from a national bank as security, and paid the purchase price at the national bank, and completed the registration of ownership transfer under the Plaintiff’s name on October 24, 2003. In addition, on the same day, the Defendant completed the registration of establishment of a mortgage over the Defendant’s investment deposit with a maximum debt amount of KRW 150,000,000,000 to the Defendant as security, divided the interest on the national bank loans into the Plaintiff and the Defendant’s property tax to be borne by the Defendant.

Nevertheless, the Defendant did not perform its obligations at all for the subsequent 13 years, and the Plaintiff was fully liable for the interest of loans and the property tax.

In addition, upon the commencement of the auction procedure for the apartment of this case, the Defendant received a successful bid on November 12, 2014, and sold it to a third party, and received a dividend of KRW 94,147,690 as the mortgagee at the above auction procedure.

The plaintiff was imposed capital gains tax of KRW 13,612,166 due to the auction of apartment in this case.

On March 10, 2015, the Defendant unfairly accepted KRW 3,000,000 by threatening the Plaintiff.

3. Therefore, the defendant is obligated to return the sum of KRW 176,577,859 as follows as unjust enrichment.

① Plaintiff’s investment 30,000,000 won ② Property tax payment amounting to KRW 3,432,880 (3) interest on bank loans amounting to KRW 98,128,90 (4) capital gains taxing to KRW 13,612,166 due to auction sale ⑤ Plaintiff’s share of KRW 2,727,270 out of gains acquired by the Defendant by selling to a third party. 6,147,690 (7) Defendant’s auction dividends amounting to KRW 25,676,643 out of the Defendant’s auction dividends amounting to KRW 10,00,00.

B. The defendant's assertion is from the plaintiff 150.