1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below is revoked, and that part is revoked.

1. Facts of recognition;

A. On July 20, 2012, the Plaintiff paid KRW 5,000,00 to the Defendant, as part of the sales deposit under the subparagraphs E of the Busan-gu Y apartment complex D (hereinafter “instant apartment”) and five parcels of land (hereinafter “instant apartment”). On the same day, the Defendant drafted and associates with each sale statement stating that “If the Plaintiff pays the remainder of KRW 15,000,000 to the Plaintiff after receiving the bid price for the instant apartment, the Plaintiff may move in before September 30, 2012, and if the remainder is paid after the completion of the inspection, the ownership shall be transferred, and if the contract is destroyed after the completion of the inspection, the sales deposit shall be refunded.”

B. On October 12, 2012, the Plaintiff paid 15,000,000 won for the remainder of the sales contract deposit to the subcontractor’s committee as the lien holder of the instant apartment, and completed the move-in report on October 15, 2012, under the agreement with the Defendant, moving into G instead of the instant apartment E units, under the agreement with the Defendant.

(c)

After that, on November 24, 2015, the Defendant again prepared and associate with the Plaintiff with the purport that “if the Plaintiff pays the remainder of KRW 148,000,000,000, excluding the down payment of KRW 20,000,000, which was paid by the Plaintiff after the completion of the instant apartment, the ownership of the instant apartment G is transferred and the Defendant is liable to the seller of the instant apartment, and if the said matters are not fulfilled, the Defendant shall be liable to the seller of the instant apartment house” (hereinafter “contract for the sale of the instant apartment”).

The ownership of the apartment G of this case, which was owned by H in the name of H, was changed on May 26, 2017 due to the sale by the I on February 6, 2017.

E. On July 12, 2018, the Defendant received a summary order of KRW 3,00,000 as a criminal fraud (No. 2018 high-end 4759) from the Busan District Court, and the said summary order became final and conclusive around that time (hereinafter “instant criminal case”), and the summary of the relevant criminal case is as follows.

On July 20, 2012, the Defendant completed the instant apartment on the part of the Plaintiff.