1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, and thus, citing this case according to the main sentence of Article 420 of the Civil Procedure Act.

However, with respect to the reasons for appeal emphasized by the defendant in the trial, the following judgments are added.

2. Judgment on the defendant's grounds for appeal

A. Defendant’s assertion 1) Since there was no agreement between the Plaintiff, Defendant, and N to divide profits from the sale price of each of the instant lands at the time of making an investment in each of the instant land, the ratio of profit-sharing is set at the ratio of the investment amount. The Plaintiff and N’s investment amount is KRW 1,008,000,000, including each of the cash investment amount of KRW 538,000,000,000, and the Defendant’s investment amount is KRW 736,974,950,000,000, including the cash amount of KRW 538,000,000, and the total amount of KRW 700,000,000,000 from around 1,974,950,000,000, which is the total amount of KRW 1,950,000,000 among the Plaintiff and the Defendant’s investment amount of KRW 1,500,005.

Since the Defendant was actually paid KRW 15,000,000 among them, the labor cost to be borne by the Plaintiff out of KRW 75,000,000 is KRW 25,000.

3) Considering the above profit distribution ratio and labor cost, the profit that the Plaintiff is entitled to receive is merely 146,028,245 won (i.e., 675,561,571 won x 1/3.95 x 1/3.95 hereinafter referred to as “cost”) obtained by deducting the Plaintiff’s labor cost of KRW 25,00,000 from the total profit derived from the investment of each of the instant land. (ii) Determination 1 on the profit distribution ratio is merely 171,028,245 won (=171,028,245 won - 25,000,000 won).