1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The defendant is the plaintiff's punishment.

B. The Plaintiff and the Defendant agreed to jointly purchase the 1,250 square meters in the north-gu, YY C, 750 square meters, D 732 square meters, E, and 769 square meters (at the time, approximately 2,250 square meters in total of each of the above lands were to be purchased by the Plaintiff, and KRW 1,250 square meters in the amount corresponding to KRW 4/9, and KRW 1,250 in the amount corresponding to KRW 50 million in the purchase price, KRW 20 million in the amount corresponding to KRW 360,000 in the purchase price, and KRW 160,000 in the amount corresponding to KRW 50,000 in the amount corresponding to KRW 4/9, and KRW 4

The defendant concluded a contract to purchase each of the above lands from F on March 29, 2007, paid the F the above KRW 360 million to F, and completed the registration of ownership transfer in the name of the defendant on May 2, 2007.

C. At that time, the Plaintiff held title trust to the Defendant for ownership of 5/9 of its shares.

On June 24, 2015, each of the above lands was merged into 7441 square meters (hereinafter “instant land”).

E. On July 24, 2015, the Defendant sold the instant land in KRW 720 million to G (hereinafter “the instant sale”) and completed the procedure for ownership transfer registration on September 3, 2015.

F. On September 10, 2015, the Defendant paid to the Plaintiff KRW 280 million out of the instant purchase price, and KRW 288,437,00 in total, KRW 288,437,00 on October 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1) The defendant is in the custody status of 5/9 of the plaintiff's share in the land of this case, and embezzled the purchase and sale of this case without the consent of the plaintiff. Therefore, the defendant is obligated to pay the plaintiff the remaining amount of KRW 120 million after deducting the amount of KRW 280 million already paid from the share ratio of the plaintiff out of the purchase price of this case 720 million from the compensation for damages, and the compensation for delay thereof. 2) The defendant's domestic affairs do not constitute tort.