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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On April 20, 2004 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”), D Voluntary Auction procedure was commenced on April 20, 2004. The Defendants entered into an agreement on September 12, 2005 with respect to the instant real estate with the following contents:
(hereinafter referred to as the “instant Convention”). The agreement on joint investment and profit distribution is an agreement on joint investment and profit distribution for real estate auction items between C (A) and B (B) with a view to fulfilling the mutual trust and good faith concerning the management from the auction and successful bid for real estate auction, and the distribution of profit arising from the sale of real estate.
Real estate auction number: The location of real estate property D in Seoul Northern District Court: The amount of investment under Article 1 (Implementation Date of Convention) and Article 1 (Implementation Date of Convention) of the entire building and Article 1 (Implementation Date of Convention) shall be the date of successful bid of the real estate auction property.
Article 2 (Ratio of Investment Amount) A and B shall make an investment of 4/10 of the successful bid amount and 6/10 of B.
Article 3 (Types of Expenses and Expenses) The various expenses incurred after the successful bid of this article shall include the following:
1) Tax and legal costs related to the acquisition of real estate 2) various expenses related to the reconstruction of real estate 3) expenses related to the reconstruction of real estate 4) tax and expenses for the disposal of real estate 5) expenses for real estate 4 (Expenses and expenses related to the sale of real estate 5) expenses and expenses for the sale of real estate 5 (Expenses and expenses invested ratio) shall be paid by Gap 5/10, and Eul 5/10 shall be preferentially appropriated for common expenses and the expenses shall be paid by Eul 5/10. This execution shall proceed by Gap. The net profits (other than purchase expenses and expenses) generated from the sale of this article 5 (Distribution of Profits) shall be calculated and distributed by five-one0 for profits and five-one percent for profits.