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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 2005, the Plaintiff jointly purchased 1,884m2 (hereinafter “land subject to investment”) prior to the Dong-gu G in Ulsan-gu, Ulsan-gu (hereinafter “the land subject to investment”) with Nonparty E and F, and agreed to distribute the proceeds from resale at an equal ratio (hereinafter “instant trade agreement”).
B. On May 20, 2005, the Plaintiff, E, and F made an agreement to recognize 744m2 in size of land subject to investment as H’s shares if the Plaintiff, E, and E, bear an intermediate payment of KRW 910 million among the purchase price of land subject to investment KRW 360 million (hereinafter “instant investment agreement”). Accordingly, H paid an intermediate payment of KRW 360 million to the Plaintiff, E, and F.
C. The land subject to investment was partially expropriated in Ulsan Metropolitan City Dong-gu, Ulsan Metropolitan City on October 7, 2008, and the Plaintiff and E sold the remainder of the land to I and J on February 22, 201.
H In contrast to the instant investment agreement, the Plaintiff and E filed a lawsuit for a claim for restitution of unjust enrichment against the Plaintiff on January 19, 2012, the Ulsan District Court 201Kahap1664, which did not resell the land subject to investment, and received a partial winning judgment on January 19, 2012. However, in the appellate court that appealed by the Plaintiff, the Plaintiff paid KRW 440 million to H by August 31, 2012, on which the Plaintiff paid the Plaintiff KRW 40,000,000,000 to H, on condition that “in addition to 20% of the annual delay damages for the unpaid amount, if the payment is made, the Plaintiff paid the unpaid amount to H on September 3, 2012; and the Plaintiff paid KRW 440,000,000,000 to H on September 10, 2012.
E. The Plaintiff filed a lawsuit against E with the Ulsan District Court No. 2012Ga6444, May 16, 201, seeking reimbursement, etc. Inasmuch as the instant business agreement terminated on February 22, 2011, which sold the land subject to investment, the said court held that the Plaintiff paid 67,330,535 won as a distribution of residual property and the money pursuant to the instant agreement with H in lieu of H, and thus, the Plaintiff paid 20 million won as part of E’s share.