1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of this court concerning this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. (1) At the time of the instant agreement, the Plaintiff agreed to divide the benefits arising from the purchase and development into three joint buyers. At the time of the instant agreement, the Plaintiff overall control over the business of the purchase and development of the neighboring neighbors, three joint buyers bear the relevant expenses, and divided the benefits arising from the purchase and development.

However, the Defendant did not invest KRW 10,00,000 out of the initial investment money under the instant agreement, and the Plaintiff, while performing the business of purchasing and developing the neighboring family in this case, spent KRW 449,019,440 in total from May 26, 2003 to May 8, 2006, for the purpose of paying KRW 110,00,00,000 among the compensation for expropriation of the neighboring family in this case, after paying KRW 449,019,440 in total from May 26, 2003 to May 8, 2006.

Therefore, in accordance with the instant agreement, the Defendant is obligated to pay the Plaintiff the amount of KRW 10,00,000 (i.e., the agreed investment amount of KRW 50,00,000 - the Defendant’s actual investment amount of KRW 40,00,00), and ② actual expenses of KRW 189,019,449 (the Plaintiff’s expenditure amount of KRW 449,019,440 - the Plaintiff’s initial investment amount of KRW 150,00,000 - the total amount of KRW 110,00,000 that the joint purchaser agreed to make an initial investment - KRW 63,06,480, and delay damages therefrom, which amount to KRW 73,06,480, which amount to KRW 110,00,00).

(2) Even in cases where the Defendant deemed that the Plaintiff did not incur a debt pursuant to the instant agreement even if the Defendant did not incur a debt to the Plaintiff, the Plaintiff paid considerable expenses to the Plaintiff, upon delegation by three joint buyers of the instant work related to the purchase and management of the instant neighboring family members. Thus, the Defendant was the Plaintiff on the said 73,006.