1. The plaintiff's appeal against the defendant (appointed party) and the appointed party C is dismissed in entirety.

2. The appeal costs are assessed against the Plaintiff.

1. Basic facts

A. The defendant is the plaintiff's person, and the selected person is the defendant's wife.

B. On August 4, 2007, the Plaintiff entered into a sales contract with respect to the E, F, and the Plaintiff’s housing (hereinafter “D real estate”) with a size of 170.5 square meters and above-ground (hereinafter “D real estate”) as follows. Accordingly, the Plaintiff completed the registration of ownership transfer with respect to D real estate under the Songpa-gu Seoul Eastern District Court No. 77099, Nov. 19, 2007.

The purchase price: 1.00 million won payment method - E and F shall be paid to the Plaintiff KRW 100 million on August 4, 2007, which is the date of the contract, and the intermediate payment of KRW 200 million on September 4, 2007, and the remainder of KRW 731 million on November 15, 2007, respectively.

C. Meanwhile, the Defendant and the designated person (hereinafter collectively referred to as the “Defendant, etc.”) completed the registration of ownership transfer as the receipt of No. 53645 on Nov. 15, 2007, by reason of the sale on September 18, 2007, with respect to each of the instant real estate multi-family multi-family housing (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (if there are provisional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 is the amount of KRW 539 million out of the funds for selling D real estate owned by the Plaintiff, which is KRW 960 million, and the amount of KRW 421 million deducted from the amount of money for selling D real estate owned by the Plaintiff.

As a result, while purchasing the instant real estate from H, the Plaintiff, including the Defendant, etc., alleged that the first instance court held the title trust with respect to the instant real estate between the Defendant, etc., and the Defendant, etc., had the title trust registered with the “Defendant, etc.”. In the preparatory document dated November 23, 2016 in the appellate trial, the title trust was conducted with the “Defendant, etc.”, and the Defendant voluntarily