1. Defendant in excess of the following amount with respect to the preliminary claim for the judgment of the first instance.

1. The court of first instance dismissed the plaintiff's main claim and partly accepted the conjunctive claim, and the plaintiff appealed to the effect that the plaintiff's main claim was partially rejected, but the plaintiff voluntarily withdrawn the appeal. Thus, the scope of the court's trial is limited to the part against the defendant among the conjunctive claim.

2. Facts of recognition;

A. In around 1993, the Defendant requested F to sell the said real estate from the owner E, who is an agent of the owner of the said two lots of land (hereinafter “instant real estate”) prior to 2,526§³ and two lots of land (hereinafter “instant real estate”), and proposed the purchase to the Plaintiff and D.

B. Accordingly, the Plaintiff decided to invest KRW 47 million, and KRW 88.6 million in D, and accordingly, the Plaintiff and D concluded a contract with the above F to purchase the instant real estate at KRW 135.6 million between the Plaintiff and D on March 1, 1993, and entered into a sales contract with the buyer as “the Defendant and one other.”

C. After that, the Plaintiff paid KRW 47 million to E, and D paid KRW 88.6 million respectively.

On April 7, 1995, the defendant requested F to transfer the ownership of the instant real estate after entering D with D and requested F to complete the registration of ownership transfer in the name of D.

E. On May 19, 195, D borrowed KRW 40 million after the establishment of the right to collateral security on the above real estate, and paid KRW 20 million among them on May 20, 1995 to the Defendant (hereinafter “the instant money”), and the Defendant spent the said money individually.

After that, the ownership of the above real estate was transferred to the third party upon the application for voluntary auction by the mortgagee.

F. On April 26, 1996, the Plaintiff applied against the Defendant for a payment order of the loan claim against the Defendant under the Cheongju District Court 96j1482, on the ground that the Plaintiff lent KRW 47 million to the Defendant, and the said court on May 7, 1996, “the Defendant extended the Plaintiff amounting to KRW 47 million and this amount.”