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1. The plaintiff's claim against the defendant is all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion is as follows: (a) the Defendant sought payment of KRW 36,30,00 for real estate exchange proceeds of KRW 24,00,00 for C Officetel proceeds of KRW 23,131,200; (b) the remainder of loans; (c) the portion not paid out of joint investment proceeds of KRW 2,8850,000; (d) the title trust expenses of KRW 1,50,000; (e) the portion paid by the Plaintiff out of penalty; and (e) the portion paid by the Plaintiff out of penalty of KRW 1,00,000; and (e) the amount of unjust enrichment of KRW 40,879,367; and (e) delay damages therefrom.
2. Real estate exchange proceeds;
A. On July 29, 2008, the plaintiff asserted that the plaintiff would exchange the plaintiff's ground floor non-01 (hereinafter referred to as "DB") and 903 (hereinafter referred to as "C Officetel") of the defendant's Seoul Northern-gu Seoul Northern-gu Ctel 903 (hereinafter referred to as "C Officetel") with the defendant on July 29, 2008. Under this exchange contract, the defendant would pay 36,300,000 won, deducting the defendant's existing loan claims 12,70,000,000 won from the difference of real estate exchanged to the plaintiff according to this exchange contract. On November 28, 2008, the defendant would reduce the above amount of 10,000,000 won, but the defendant should not pay the above money to the plaintiff within the above period. However, the defendant is obligated to pay the above amount to the plaintiff.
(b) Determination 1) Dopbles, Gap evidence 1 (if any, including branch numbers; hereinafter the same shall apply);
According to the statements in Eul evidence Nos. 5 and 6, the plaintiff and the defendant entered into a real estate exchange contract with Down on or around July 29, 2008, with the purport to exchange Ctel owned by the plaintiff, and the defendant's obligation to return the collateral security and the lease security deposit, the defendant's obligation to return the collateral security and the lease security deposit, which are set up in D Btel, shall each be taken over by the plaintiff. However, the collateral security obligation set forth in D Btel, assessed at KRW 130,000,000, which shall be deducted by 73,000,000,000,000, and KRW 80,000,000.