1. The defendant shall pay to the plaintiff KRW 21,439,726.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

1. Basic facts

A. On December 26, 2003, the Plaintiff and the Defendant invested KRW 45 million in each of the Defendant and purchased 1,369 square meters, and 1,359 square meters in each of the instant real estate (hereinafter “each of the instant real estate”), and entered into an investment agreement with the Defendant to sell it to a third party after completing the registration of ownership transfer under the name of the Defendant and distribute one half of the proceeds of sale.

B. Around December 26, 2003, the Defendant purchased each of the instant real estate from E in accordance with the above investment agreement. On December 27, 2003, the Defendant completed the registration of ownership transfer made on December 26, 2003 for each of the instant real estate from E.

C. On December 29, 2008, the Defendant entered into a real estate sales contract with F to sell each of the instant real estate at the purchase price of 60 million won, and received from F the down payment of 3 million won on the date of the contract, and received from F the remainder 57 million won on February 4, 2009, and completed the registration of ownership transfer with F on February 4, 2009.

On April 14, 2009, the Defendant paid to the Plaintiff KRW 15 million, which is part of KRW 30 million, to be distributed to the Plaintiff in accordance with the said investment agreement, pursuant to the said investment agreement.

E. On April 21, 2009, the Plaintiff asserted that the Defendant sold the instant real estate to F at will without the Plaintiff, and filed an application for provisional seizure of real estate of the building G in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon District Court on the ground of the claim for return of unjust enrichment of KRW 45 million with the claim for return of unjust enrichment of KRW 209Kadan2423, which was owned by the Defendant, and completed provisional seizure on April 22, 2009 upon receipt of a decision of provisional seizure from the said court on April 22, 2009.

F. On September 7, 2017, the Defendant deposited the amount of KRW 45 million, which is the amount of the above claim claim, with the Daejeon District Court Branch Decision No. 1912 in 2017, and revoked the above provisional attachment entry registration on September 11, 2017, upon receiving a decision to revoke the execution of provisional attachment from the above court.

[Ground for recognition] A.