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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 201, the Plaintiff and the Defendant entered into a partnership agreement to acquire and jointly operate a company Co., Ltd., which is a golf products business entity (hereinafter “instant partnership agreement”).
According to the instant agreement, the Plaintiff invested KRW 220,00,000, which is equivalent to 50% of the acquisition price, and thereafter invested a golf product equivalent to KRW 88,000,000.
B. In addition to the instant partnership agreement, the Plaintiff and the Defendant operated the wholesale business of golf products with the trade name “D,” and the business registration was made under the joint name of the Defendant and the Plaintiff.
D In relation to the partnership business, the Plaintiff did not make contributions in kind.
C. Among them, the Plaintiff and the Defendant decided to terminate the instant partnership agreement on November 201, 201, set the settlement amount to be received from the Defendant as KRW 158,00,000.
The above amount is calculated by deducting 150,000,000 won (220,000,000 won + 88,000,000 won) which was recognized as the Plaintiff’s investment from the Defendant’s personal lending of KRW 150,000 from the Defendant.
(hereinafter referred to as “instant settlement amount”) D.
After determining the instant settlement amount, the Defendant completed the registration of ownership transfer in the future of the Plaintiff on November 7, 201 with respect to the third floor H H of a building on land outside Songpa-gu Seoul, Songpa-gu, Seoul (hereinafter “instant real estate”) purchased from F.
However, on December 15, 2011, the Plaintiff returned the instant real estate to the Defendant by transferring the registration of transfer of ownership on the instant real estate in the future, the Defendant Cho Jong-soo.
【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 2, Gap's No. 4, Eul's evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the party's assertion is that the plaintiff sought the payment of the settlement amount of this case against the defendant, and the defendant completed the registration of ownership transfer on the real estate of this case in the plaintiff's future.