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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. On May 24, 2006, the Plaintiff agreed to purchase jointly with the Defendant and C the right to sell the instant officetel Nos. 1418, Dong-dong 14, Dong-dong 14, Dong-dong 14 (hereinafter “the instant officetel”), and agreed to sell the said down payment and premium totaling KRW 52,50,000 among the 104,914,000,000, respectively, the Plaintiff and C bears the burden of each of the Plaintiff and the Defendant and C, and the name of the seller is the representative, if the Defendant would make profits from the resale of the said right to sell, then the Plaintiff would distribute the said right to sell at the above investment share ratio (50%, the Defendant and C25%, respectively) (hereinafter “instant resale agreement”).
B. The Plaintiff deposited KRW 47,630,00 in total, KRW 47,630,000 on July 25, 2008, and KRW 25,630,000 on August 26, 2008, and KRW 47,630,000 on August 11, 2008.
C. C expressed his intention to withdraw from the instant officetel investment, and the Plaintiff acquired the said C’s shares on July 25, 2008, and returned KRW 47,630,000,000 on August 11, 2008 to C via the Defendant, and was also issued by C a written pledge to waive C’s shares in the instant officetel on August 11, 2008.
On the other hand, around August 2008, the Plaintiff received a written confirmation from the Defendant that the Plaintiff’s share in the instant officetel is 75% and that the Defendant’s share is 25%.
The Plaintiff and the Defendant, until January 2009, failed to resell the right of sale due to the decline in the transaction of the right of sale at the time of completion of the instant officetel until January 1, 2009. The Plaintiff and the Defendant, first of all, paid the remainder in the tea book and agreed to resell the right of sale after completing the registration of ownership transfer under the Defendant’s name (hereinafter “instant liquidation agreement”), and the Defendant paid the remainder in full and sold the instant officetel on May 4, 2009.