1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

1. Basic facts

A. On March 20, 2013, the Plaintiff and the Defendant purchased a building of 231 square meters in Ulleung-gun D and its ground, and completed the registration of ownership transfer under the joint name on May 14, 2013. From May 6, 2013, the Plaintiff and the Defendant jointly run accommodation and restaurant business under the trade name “Eel” in the above ground building.

(A) Evidence Nos. 1, 2, 3.2

After that, on July 30, 2013, the Plaintiff and the Defendant agreed to remove the above ground buildings and to newly construct a new building, and concluded a contract with G large 175 square meters and H large 16 square meters in the name of the Plaintiff and the Defendant on August 28, 2013 with the burden of expenses each 1/2 on August 28, 2013 after completing the registration of ownership transfer under the joint name of the Plaintiff and the Defendant, and entered into a contract with the purport to equally distribute profits by jointly operating accommodation facilities, etc. at a new building (hereinafter “instant contract”).

C. Accordingly, the Plaintiff and the Defendant: (a) removed the Gu’s building; (b) constructed a building on the ground D, G, and H (hereinafter “instant building”) on July 2, 2014 under the name of the Defendant; and (c) completed registration of ownership preservation in the name of the Defendant under the name of the Ulsan District Court No. 832, Jul. 7, 2014, as regards the instant building.

(A) Facts without dispute (based on recognition), Gap evidence 1 through 8 (including provisional numbers; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff asserted that the Plaintiff and the Defendant agreed to newly construct the instant building on August 28, 2013 and to share ownership thereof. As such, the Defendant is obligated to implement the procedures for the registration of ownership transfer on August 28, 2013 with respect to the share of 1/2 of the instant building on the ground of an agreement.

B. The judgment partnership becomes effective when two or more persons have agreed to carry on a joint undertaking by making mutual contribution (Article 703(1) of the Civil Act). The provisions of the law are or when the law is applicable.