1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 27, 198, the Defendant purchased a 1,125 square meters of land for a factory in the Gyeonggi-si, Gwangju-si, and completed the registration of transfer of ownership on September 1, 198, the Sungwon-nam Branch Office of Sungwon-gu, Sung-nam, Gwangju District Court.

On December 19, 1990, the defendant newly constructed a glass product factory (a steel reinforced concrete straw roof factory) on the above factory site and D factory site, and completed registration of preservation of ownership on December 19, 199 on December 19, 32878.

B. Meanwhile, around August 1988, the Plaintiff and the Defendant agreed to jointly purchase the above factory site and to share 1/2 shares of the profits derived therefrom.

C. Around August 10, 2001, the Plaintiff agreed to sell to the Defendant an amount equivalent to KRW 1/2 of the Plaintiff’s share in KRW 450 million.

Around that time, the Plaintiff was paid KRW 380 million out of the proceeds from the sale of the Plaintiff’s shares.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, 4, and 5, and the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring special circumstances, the defendant is obligated to pay to the plaintiff the remaining share sale price of KRW 170 million after deducting the purchase price of the person who was paid to the plaintiff from KRW 380,000,000, and damages for delay sought by the plaintiff.

B. The defendant defenses that the defendant paid to the plaintiff the total amount of KRW 450 million, including the balance of KRW 170 million of the plaintiff's proceeds from the sale of shares, to the plaintiff.

Therefore, according to the statement of No. 1 (Receipt), the defendant's defense is reasonable, and the plaintiff's claim is without merit, since the defendant's repayment of the total amount of KRW 450 million to the plaintiff is recognized.

In this regard, the Plaintiff prepared the Defendant’s promise to pay KRW 170 million in exchange for the receipt of KRW 450 million in trust and to receive the full payment of KRW 450 million, in consideration of the fact that the Plaintiff first prepared the receipt of KRW 1,000.