1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff holds a loan claim amounting to KRW 230,648,600 (=43,703,415 won) (i.e., KRW 186,945,185) for D (a total of KRW 230,648,600).

B. D, F, and the Defendant completed a joint oil registration on December 28, 1966 with respect to G forest land 2, 3,400 G forest land (hereinafter “instant land”) at the time of Mineyang-si on December 29, 1966, for sale and purchase.

After that, F died.

C. The instant land is a four-dimensional grave for the Defendant’s family members.

On April 15, 2016, the Plaintiff received a seizure and collection order as to the shares of D’s union members against the Defendant under the Changwon District Court Jinwon Branch Branch 2016TTT12, Jinwon Branch 2016. This was served on the Defendant on April 25, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 4 through 6, 8 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion D and the Defendant, as a partnership, share the instant land in 1/2 shares. Since D is insolvent, the Plaintiff, as a creditor of D, expressed his/her intention of withdrawal to the Defendant by subrogation of D.

Accordingly, the land in this case is owned solely by the defendant, who is the remaining member, and there is a problem of calculation due to the withdrawal from partnership between the defendant and D.

Therefore, the defendant should pay to the plaintiff who subrogated D KRW 230,648,60 equivalent to the amount of the plaintiff's claim within the limit of the share value of 1/2 of the land of this case.

B. 1) The association agreement under the Civil Act is a contract under which two or more persons mutually invest to jointly operate a business (Article 703 of the Civil Act) and the agreement is limited to the agreement that jointly runs a specific business, and the degree of common achievement cannot be deemed as satisfying the requirements for establishment of the association (see, e.g., Supreme Court Decision 2009Da79729, Feb. 11, 2010).