1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. When the Plaintiff sells the real estate listed in the separate sheet (hereinafter “the instant real estate”) between the Defendant and the Defendant, the Plaintiff newly constructed a fluorial relationship in another place and agreed to jointly manage the said fluoral relationship (hereinafter “instant agreement”). In order to use the said real estate as a fluoral new construction price, the Plaintiff created a right to collateral security (hereinafter “mortgage”) of KRW 150,000,000 in the name of the Defendant with respect to the said real estate in the name of the maximum debt amount.

B. Therefore, since the association agreement between the Plaintiff and the Defendant was established with a newly-built 150,000,000 won as a source of funds, the above 150,000,000 won as a partnership property belongs to the Plaintiff and the Defendant’s partnership property.

C. However, since the agreement of this case terminated the above association agreement due to the failure of trust between the plaintiff and the defendant after the agreement of this case, the above KRW 150,000,000, which is the partnership property, shall be equally distributed to the plaintiff and the defendant.

Therefore, the Defendant, based on the instant right to collateral security, has a duty to distribute the partnership’s residual property to the Plaintiff by transferring the right to claim for payment of deposit of KRW 75,000,000 out of KRW 150,000, which was distributed to the Plaintiff in the course of voluntary auction for the instant real property in accordance with the instant right to collateral security,

2. The judgment of the association agreement is established when two or more persons agreed to make a joint business by making a mutual contribution (Article 703(1) of the Civil Act). The remaining assets of the association are distributed in proportion to the value of each member’s investment (Article 724(2) of the Civil Act). In this case, even if it is assumed that the association agreement was concluded between the Plaintiff and the Defendant according to the agreement in this case, and that the association agreement was terminated due to the reasons as alleged by the Plaintiff, the above KRW 150,000,000, which is the property of the association, shall be the defendant’s proprietary property No. 2, and No. 1