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1. The defendant shall pay KRW 6,920,161 to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. One of the costs of lawsuit;
Reasons
1. Basic facts
A. The instant real estate was originally owned by C, and was referred to the auction procedure by voluntary decision of commencing auction by Seoul Western District Court D on November 22, 2010, and the sale date was re-designated on February 8, 2012 after undergoing the process of a failed bid, etc. in the auction procedure. On February 2, 2012, the Plaintiff prepared a fixed-term bid list in which the bid price was stated as KRW 57,59,000 in the Defendant’s name and submitted a bid bid, and paid KRW 9,830,40,000, and completed the registration of ownership transfer under the Defendant’s name on March 12, 2012.
B. The instant real estate is a commercial building, consisting of 0.9 square meters on the right side and 0.9 square meters on the center of its entrance. On November 10, 2012, E, around KRW 500,000,000 and KRW 3.5,000,000,000,000,000 were leased. From March 9, 2013, F, upon setting the deposit amount, KRW 5,000,000,000 and KRW 3,70,000,000,000,000,0000,000,000,0000,000,000,0000,000,000,0000,000,000,0000,000,000,000,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, Eul evidence Nos. 3 and 13, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that the plaintiff and the defendant jointly invested in the real estate of this case and won the bid for the real estate of this case, and the 1/2 shares out of the real estate of this case are owned by the plaintiff, and the defendant is obligated to implement the procedure for the registration of ownership transfer
In addition, according to the joint investment agreement, 1/2 of the monthly rent generated from the real estate in this case should belong to the Plaintiff. Thus, the Defendant is obligated to pay 700,000 won out of the monthly rent received from the lessee E and 55,000 won out of the monthly rent received from lessee F, and the instant case.