1. The plaintiff succeeding intervenor and the defendant among the judgment of the first instance, including the claim of the plaintiff succeeding intervenor added by the trial court.

1. In the first instance court’s trial scope, the first instance court rendered a judgment dismissing all the claims against the plaintiff and the plaintiff’s succeeding intervenor as the plaintiff did not withdraw even after the participation of the plaintiff’s succeeding intervenor. The plaintiff did not appeal, and only the plaintiff’s succeeding intervenor appealeds. Thus, the part of the plaintiff’s claim against the defendant is excluded from the scope of the trial in this court, and only the part of the claim against the defendant by the plaintiff succeeding intervenor falls

2. Basic facts

A. On May 26, 1981, the Plaintiff completed the registration of transfer of ownership under the name of 178 square meters in relation to the 1st floor of the building D (166, 167, 2 square meters), G 13.2 square meters in G, H 11.9 square meters (hereinafter referred to as “the instant real estate”) of the 1st floor of the building D, Busan-gu, Busan-gu, and thereafter completed the registration of transfer of ownership under the name of the Defendant on September 24, 1985 when the Plaintiff, a certified judicial scrivener, title trust of the instant real estate.

B. On November 26, 2008, the Plaintiff, on behalf of the Defendant, sold the instant real estate at KRW 165 million to E, and agreed to receive down payment of KRW 12 million on the date of the contract, and the remaining amount of KRW 153 million was paid on January 15, 2009.

(hereinafter “instant sales contract”). C.

On January 15, 2009, E, the purchaser of this case, paid 67,326,330 won remaining after deducting bank loans and other expenses from the purchase and sale balance, and paid 24,50,000 won on February 19, 2009, and 5,000,000 won on April 15, 2009. The Defendant paid 5,84,960 won for the real estate of this case on March 31, 2009.

On February 28, 2008, the Plaintiff remitted KRW 15 million to F, who is the Defendant’s wife.

E. On August 8, 2017, when the lawsuit of the first instance court was pending, the Plaintiff’s succeeding intervenor was ordered to seize and seize the claim against the Defendant as to the claim sought by the instant lawsuit against the Defendant as Busan District Court Branch Branch of Busan District Court 2017TT65, and the said order is given.