Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. Basic facts

A. C newly constructed a tenement house (two units each Dong and 18 units each Dong) on the ground of Gyeonggi-gu AB and AC, and on March 22, 2013, registration of ownership preservation was completed in the name of C with respect to P units of the said apartment house (hereinafter “instant real estate”).

B. C was loaned KRW 1,737,00,000 from V on August 30, 2013.

C On August 30, 2013, the Plaintiff and the instant real estate trust agreement (hereinafter “instant trust agreement”) were concluded, and on September 2, 2013, the registration of ownership transfer was completed on August 30, 2013 for the instant real estate by reason of the trust agreement with the Plaintiff on August 30, 2013.

C. The part pertaining to the instant trust agreement is as follows.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) A (referring to "C"; hereinafter the same shall apply) shall actually continue to possess and use trust real estate, and shall bear all the actual preservation of trust real estate and all the expenses incurred therein.

A shall not engage in an act to reduce the value of a trusted real estate by means of creation of a right, such as lease, or modification of the current state, without prior consent of B (the "Plaintiff"; hereinafter the same shall apply).

Article 10 (Lease, etc.) If a lease contract is concluded between A and a lessee before this trust contract is concluded, the lease contract shall be effective and shall continue to maintain the status of the lessor, such as the obligation to return the lease deposit, other responsibilities and rights as the lessor.

Provided, That where the name of a lessor is renewed in the name of a lessor under a lease contract and a lease deposit is taken over and taken over between A and B, he/she shall succeed to the status of a lessor.

In the case of paragraph (1), if there is any rent paid by a lessee to A in addition to the lease deposit, it shall be the continuous receipt by A, and the rent received by A shall be related to this trust contract.