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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 95,437,310 and KRW 21,236,603.
Reasons
1. Basic facts
A. On July 31, 2014, the Plaintiff and the Defendant’s business partnership agreement 1) along with C on July 31, 2014, the Plaintiff is called the “instant D land”.
(2) On November 12, 2014, the Plaintiff purchased the instant land and completed the registration of ownership transfer each 1/2 shares on November 12, 2014, and subsequently purchased the said 1/2 shares of C on August 25, 2015 and completed the registration of ownership transfer on the same day. The Defendant is each of the instant land of Dobong-gu Seoul Metropolitan Government E-gu, 107.9 square meters adjacent to the said land (hereinafter “instant land”).
(2) On August 28, 2015, the Plaintiff and the Defendant entered into a partnership business agreement with the content that they newly build and sell urban-type residential housing on each of the instant land (hereinafter “instant partnership business agreement”) and entered into a business agreement with the Plaintiff and the Defendant on each of the instant land (hereinafter “instant business agreement”) and entered into an urban-type residential housing investment agreement under the name of the mother of the Plaintiff and the Defendant’s mother.
Under the instant business agreement, the Plaintiff invested a total of KRW 500,000,000 in the instant land D (evaluation amounting to KRW 340,000), cash KRW 160,000,000, and KRW 500,000. The Defendant decided to invest the instant land (evaluation amount to KRW 345,878,00) and to take charge of building construction.
B. Pursuant to the instant business agreement, on September 11, 2015, the Defendant obtained a building permit (a total of 8 households’ total floor area, 461.03 square meters, a total of 7 households’ total floor area, 424.90 square meters, changed to 424.90 square meters) to newly construct a five-story multi-household house on each of the instant land on the instant land, and commenced construction on October 5, 2015. The Defendant’s attached G immediately following the commencement of construction on October 6, 2015 (hereinafter “Agreement 1”).
(1) The Plaintiff (H’s investment risk was reduced and the Plaintiff’s investment risk was reduced and distributed to the Plaintiff at the time of the completion of the project, in purchasing each of the instant land and constructing an urban-type residential housing (multi-household).