1. The Plaintiff (Counterclaim Defendant) paid KRW 91,927,515 to the Defendant (Counterclaim Plaintiff) and its amount from October 24, 2017 to January 23, 2019.

1. Basic facts

A. The defendant, as a person engaged in the building business, has purchased a site mainly for the construction of a building, constructed a building on that ground and sold it to another person.

On the other hand, the Plaintiff, a person who engages in the construction of the outer building as a business, was awarded a contract with the Defendant who newly constructed the building during the construction of the outer building and carried out the construction several times.

B. In early 2016, the Defendant purchased three lots of land 695.6m2 (hereinafter “land before subdivision”) in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “Before subdivision”) and divided it into three lots. The Defendant had a mind to build a new building on each land and sell it to others.

C. On August 22, 2016, the Plaintiff, the Defendant, and D purchased the land and buildings in total at KRW 3 billion (hereinafter “instant purchase”) from E, F, and G (in the case of the above building, the certified copy of the register is indicated in the name of another person, but the said building also is owned by E, F, and G), which are co-owners of the land and the building on the land before subdivision, as well as the building on the ground thereof (hereinafter “instant purchase”).

The Defendant took charge of the procedures necessary for the purchase of the instant case, namely, negotiation of the purchase price, contact and consultation with licensed real estate agents, specific conclusion of a sales contract, contact and consultation with a certified judicial scrivener, transfer of ownership on the land before division, payment of taxes, brokerage fees, fees for certified judicial scrivener, etc.

E. On November 4, 2016, the land prior to subdivision was divided into the Ulsan-gu Seoul metropolitan area 232.4 square meters, Ulsan-gu H 231.6 square meters (hereinafter “instant land”) and the Ulsan-gu Ixan-gu 231.6 square meters, respectively.

F. At the time of dividing the land before subdivision into three parcels, the Plaintiff, the Defendant, and D agreed that “the Defendant shall own the instant land, and the Plaintiff shall own the same land, and D shall own the same 231.6 square meters, Nam-gu, Ulsan-gu, Ulsan-gu, Seoul-do, and the same as the co-owned property partition agreement.” As to the relevant parcel on November 22, 2016, respectively, on the ground of the agreement on partition of co-owned property.