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1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
In addition to this Court.
Reasons
1. Basic facts
A. On August 2, 2016, the Plaintiff entered into a contract with F to pay KRW 270 million to the Plaintiff with the difference in exchange for each of the real estate (hereinafter “the first exchange contract in this case”); on August 26, 2016, the Plaintiff entered into an agreement with F, who owned the building of 614 square meters and its ground (hereinafter collectively referred to as “G real estate”) by combining the above building sites and buildings (hereinafter “Eel”; hereinafter the same shall apply); and on August 26, 2016, the Plaintiff entered into the registration of ownership transfer for Eel real estate in the future, but the cause for registration was indicated as “sale on August 2, 2016.”
B. However, in order to prepare the interest repayment and the expenses required for the registration of transfer of ownership, etc. to be borne by the Plaintiff as a result of his/her succession to the secured obligation of the right to collateral security (a loan worth KRW 520 million to I for a stock company) established on G real estate, it is necessary to obtain an additional loan exceeding KRW 130 million with G real estate as security, but it is anticipated that it would be difficult to grant an additional loan under his/her own name due to his/her credit problems, and as such, it was anticipated that it would be difficult to complete the registration of transfer of ownership in his/her own name, the Plaintiff provided a waiver
C. Accordingly, on August 26, 2016, the Plaintiff was entrusted to Codefendant B of the first instance trial with regard to the disposal of G real estate and the disposal of debts, and was additionally loaned KRW 130 million with G as collateral, and KRW 78 million with regard to G real estate. ② Of them, the Plaintiff transferred KRW 78 million to the account designated by the Plaintiff. ③ In the event of gains accrued from the sale or transfer of G real estate, J and B shall settle the profits, and KRW 1/2 (100 million out of the shares in B shall be immediately paid to the Plaintiff, and ④ during the foregoing period, the registration title of G real estate is designated by B.