1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The reasoning for this court’s explanation is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion (i.e., the agreement between the Plaintiff and D was terminated, and 1/2 of the remainder payment claim of this case belonged to the Plaintiff.

(A) At the first instance trial, the Plaintiff sought full payment of the remaining amount of the instant case, and filed an appeal only for the part against 1/2 of the remaining amount, which was against the Plaintiff). The operation of the partnership between the Plaintiff and D was not terminated.

Even if the act of preserving the property of the same kind is an act of preservation, the plaintiff can claim the payment of the remaining amount to the defendants, and the defendants agreed to pay the remaining amount to the plaintiff through the letter of performance Nos. 1 and 2 of this case.

B. (1) As seen above, as seen in the legal nature of the instant agreement, the Plaintiff and D agreed to jointly purchase real estate by mutual investment, construct a new building on the ground, and sell it and divide the profits therefrom, which constitutes a partnership agreement under the Civil Act.

The partnership relationship is generally terminated by the occurrence of reasons provided for in the partnership agreement, the agreement of all union members, the success or failure of the business which is the object of the partnership, the request for dissolution, etc.

In a case where partnership relations are terminated, unless otherwise agreed by the parties, it is common sense to conduct a liquidation procedure, and the residual property and its value to be distributed to partnership members shall be determined at the time the liquidation procedure is completed (see, e.g., Supreme Court Decision 97Da31472, Dec. 8, 1998). Unless partnership property is distributed to partnership members through such liquidation procedure, partnership property shall continue to be jointly owned by partnership members, and partnership shall continue to exist until the liquidation is completed.

Supreme Court Decision 92Da28075 delivered on October 9, 1992