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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. Of the costs of lawsuit.
Reasons
1. Basic facts
A. C Business 1) The Plaintiff (actually, the Plaintiff) appears to have concluded a partnership agreement with the Defendant and carried out all the projects. However, there is no dispute between the parties to the partnership agreement as to the fact that the parties to the partnership agreement are the Plaintiff, and thus, the following B.
4) Except for the part concerning the conclusion of the settlement agreement under paragraph (4), the Plaintiff and the Defendant have sold the Eunpyeong-gu Seoul District Court E (F) land and its ground buildings (hereinafter referred to as “C real estate”) to 720,680,000 won for the proceeds of compulsory auction, and completed the registration of ownership transfer on May 18, 2010 for each one-half share of C real estate.
(2) On May 18, 2010, the Plaintiff and the Defendant loaned KRW 480,00,000 from the Dong Credit Union as collateral for C’s real estate and completed the registration of creation of a mortgage over KRW 624,00,000 for C’s debtor, maximum debt amount, and KRW 624,000,000. 3) The Dong Credit Union filed an application for voluntary auction with the Seoul Western District Court on May 3, 2013 when the Defendant did not repay the above loan, and H sold C’s real estate during the above voluntary auction procedure and completed the registration of ownership transfer on March 7, 2014. The Defendant received dividends from surplus in the above auction procedure to KRW 92,63,299.
B. I Project 1) The Plaintiff, Defendant, and J’s partnership agreement, the Defendant, and J are the Seoul Western District Court’s voluntary auction proceeding with the Seoul Western District Court (hereinafter “I Real Estate”) Nos. 1, 107, and 203 of the first floor of the first floor of the land and its ground buildings, M and its ground buildings, N, and O Condominiums.
(ii) purchase of real estate and purchase of the Plaintiff’s J shares, with a view to distributing the profits accruing from the operation and sale of the I’s real estate in the same share.