The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment, the following facts are revealed.

The plaintiff and the defendant purchased the land of this case around June 2003 and completed the registration of ownership transfer in 1/2 shares.

On January 29, 2004, the Plaintiff and the Defendant entered into a partnership agreement (hereinafter “instant partnership agreement”) with the aim to jointly manage the gas station and the gas station and divide its profits into the investment ratio. The Plaintiff and the Defendant invested KRW 250 million for the oil station business, invested KRW 100 million for the oil station business, and the operating funds exceeding the amount of investment shall be borne according to the investment ratio.

Accordingly, around August 2004, 4 buildings for oil filling facilities and liquefied petroleum gas filling facilities (hereinafter “instant building”) are newly constructed on the instant land, and 1/2 equity shares in the instant building are as well as the registration of ownership preservation and the registration of ownership transfer are completed between the Plaintiff and the Defendant.

The Plaintiff and the Defendant jointly owned 1/2 shares of the instant land and buildings, and invested the right to use the said shares, but did not set the duration of the association.

B. The Plaintiff and the Defendant jointly operated the gas stations and liquefied petroleum gas filling stations in the instant building in accordance with the instant trade agreement.

The Plaintiff and the Defendant registered the petroleum selling business of the gas station of this case under the joint name of the Plaintiff and the Defendant, and entered into a contract for the lease of the gas station of this case to H around December 2008, and changed the registration of the petroleum selling business in the H.

C. On December 30, 201, the Defendant notified the Plaintiff that he would withdraw from the partnership.

H The term of the instant gas station lease contract with H was expired on January 2013.

On January 2, 2013, the Plaintiff entered into a contract for the lease of the instant gas station to K, Inc., and the lease contract was terminated because the registration of the instant gas station was not modified in the future of the lessee.

2.(a)

In this case, the Plaintiff.