1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part extended at the trial) and the incidental appeal are all filed.

1. Basic facts

A. around 2004, the Defendant was registered in the corporate register as an auditor of the non-party H Co., Ltd. (one-person Co., Ltd. I; hereinafter “non-party Co., Ltd.”) established for the purpose of real estate development and consulting business.

B. On March 15, 2004, the Plaintiff: (a) prepared a sales contract between the Nonparty Company and the Seongbuk-gu Seoul Metropolitan Government to purchase the right to move in KRW 62,000,000 (hereinafter “instant sales contract”); (b) based on this, the Plaintiff paid KRW 5,00,000,000 on February 16, 200; (c) KRW 45,20,000,000 on March 15, 2004; and (d) paid KRW 380,00,000 on March 29, 2004, when the aforementioned D land was divided into the above J land on July 24, 2007.

(5,000,000 won and 380,000 won were remitted to a deposit account in the name of the defendant).

Meanwhile, the instant building was completed under the name of K, which is an employee of the non-party company. However, the Plaintiff completed the registration of ownership transfer on March 22, 2004 for the instant building due to the sale on March 18, 2004.

In the appellate trial (Seoul Central District Court 2012Na60854), L, the lessee of the instant building, filed a lawsuit claiming the return of the deposit for the lease on a deposit basis against the Plaintiff, and on July 26, 2013, the judgment of the appellate court (Seoul Central District Court 2012Na60854) rendered that “the Plaintiff shall pay L 23,00,000 won at the same time as the instant building is to be delivered from L,” and the Plaintiff’s appeal against

E. According to the above judgment L, upon receiving a seizure and collection order from the court against the Bank of Korea and the Bank of Korea, the Plaintiff collected KRW 2,872,00 from the Bank of Korea on January 9, 2014 and KRW 5,747,000 from the above Bank on the 17th day of the same month.

F. Meanwhile, Seongbuk-gu Seoul Metropolitan Government, the owner of the above D land, which is the site of the instant building, shall be July 14, 2016.