1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff and the Defendant are married couple on December 31, 2013, and the J is the Plaintiff’s mother.

B. On March 2, 2016, the Defendant acquired and disposed of the instant real estate (i) and the instant real estate (i) between C and C, Daegu Jung-gu, and 182.3 square meters and its ground buildings (hereinafter collectively referred to as “instant real estate”).

(2) On October 23, 2018, J concluded a sales contract with G on the instant real property as follows, as the Defendant’s agent, with respect to the sales price of KRW 390 million (a contract deposit of KRW 30 million, any balance of KRW 360 million, and any balance of KRW 360 million) and received the registration of ownership transfer on April 20, 2016.

(hereinafter “instant sales contract”). The seller’s cancellation and transfer of the remainder of KRW 540,00,000,000 for the purchase price of KRW 540,000,000 for each of the instant transactions in the Dongsan (the payment on November 20, 2018) intermediate payment of KRW 100,000,000 (the payment on November 20, 2018) (the payment on January 31, 2019) to KRW 386,00,000 (the payment on January 31, 2019).

3) On October 23, 2018, the Defendant transferred to the Plaintiff the remainder of KRW 4,914,000,000,000 after deducting brokerage commission from the down payment under the instant sales contract received from G, which was paid by the Defendant. (4) The Defendant received from G the intermediate payment of KRW 100,000 from G on November 20, 2018, and on January 30, 2019, deducted KRW 286,000,000 from the remainder of KRW 386,00,000,000 from the Defendant’s name as security, and completed the registration of ownership transfer to G on the same day.

C. On the other hand, on December 3, 2018 prior to the filing of the instant lawsuit, the Plaintiff notified the Defendant of the termination of a trust agreement on the premise that the title of the instant real estate ownership was trusted to the Defendant by content-certified mail, and demanded the return of intermediate payments already received from G and the notification of the assignment of claims for the remainder of claims. The said content-certified mail to the Defendant on December 7, 2018.