Of the judgment of the first instance, the part against the defendant regarding the conjunctive claim exceeding the amount ordered to be paid.

1. The first instance court dismissed the plaintiff's primary claim and accepted the conjunctive claim.

The scope of the trial of this court is limited to the preliminary claim, as only the defendant appealed.

2. Basic facts

A. On March 22, 2018, the Korea Land and Housing Corporation made a registration of transfer of ownership on the grounds of sale as of July 9, 2014 with respect to each one-half of the instant land to Defendant and D.

B. On November 5, 2015, the Plaintiff entered into a sales contract of KRW 4777 million for the instant land (hereinafter “instant sales contract”) with the Defendant and D, and entered into a sales contract of KRW 50 million for the said land on the same day with the intent to pay the down payment at the time of the contract, and remitted the down payment of KRW 50 million to the Defendant on the same day, and the Defendant received it in the instant sales contract.

C. On December 20, 2017, the Plaintiff, E, and D agreed with respect to the instant land and the building on its ground (hereinafter “instant agreement”), and E paid KRW 150 million to the Plaintiff on the same day.

1. (1) It is confirmed that the present owner of the instant land and the building on its ground is A (Plaintiff).

2. (2) B (E) at the same time as this Agreement is made and a sum of KRW 350 million out of the investment and earnings invested in the instant land and buildings thereon (the above amount shall include approximately KRW 64 million, which the wife F has jointly and severally guaranteed the construction cost of ready-mixed and has lost) shall be immediately paid to A (Plaintiff).

2. (3) The remaining amount is KRW 200,000,000 shall be the time when a lease contract for the lease of the third floor of the land in this case enters into.

Upon receiving the above KRW 200 million, Party A transferred the possession of the instant land and the instant building to Party B by allowing the mother of Party A residing on the third floor of the instant building to withdraw, and the instant land and the building on its ground.