1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments

A. The purchase price for C forest land before the Plaintiff’s assertion was divided into KRW 360 million, and development costs were additionally incurred. Of which, the Defendant’s contribution was merely KRW 30 million, the share ratio of the forest land as to KRW 11/12, and the Defendant’s contribution was merely KRW 1/12, but only KRW 2/3 of the C before the division was divided into the Plaintiff’s sole ownership and KRW 1/3 of the shares, and only C forest land remains as partnership property under the same business after the division into KRW 1/3 of the shares.

However, inasmuch as the Defendant incurred losses by establishing a mortgage on the forest land, which is the only property of the association, the agreement with the Defendant is terminated on the ground of breach of trust.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to the remaining 3/4 shares other than 1/4 shares (=1/12±1/3) of the defendant's share in C forest land after division into the plaintiff, on the grounds of the dissolution of the partnership or the division of aggregate oil.

B. The defendant alleged that the defendant did not enter into a partnership agreement for the development of forest land C before the division, separate from the contract of the same case with the plaintiff, and the purchase of the above forest land was made pursuant to the partnership agreement of this case. The defendant also paid to the plaintiff the amount of KRW 66 million around March 2004 (196 million paid to the plaintiff, but used KRW 130 million among them as development costs of land D and E) and the amount of KRW 30 million around January 2005.

3. Determination

A. In a civil trial as to whether a separate partnership contract for the development of C forest land before the division is concluded, the facts already established in the relevant civil case cannot be rejected without reasonable grounds, unless there are special circumstances.

Supreme Court Decision 200