1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On or around June 2008, the Plaintiff and the Defendant purchased 2,770 m2 (hereinafter “instant land before the instant partition”) prior to the subdivision and completed the registration of ownership transfer as to shares of 1/2 of July 17, 2008, respectively.

B. On August 29, 2008, the Plaintiff and the Defendant: (a) divided the land before the instant partition into four parcels; (b) sold the remaining two parcels to D and E; and (c) on October 4, 2008, the Plaintiff and the Defendant jointly concluded a sales contract with the wife F on the E on October 4, 2008, to sell KRW 694m2 (hereinafter “instant land”), which is one parcel of land, in the purchase price of KRW 45 million, and received KRW 5 million as the down payment on the date of the contract.

The plaintiff and the defendant sold the above H 694m2 to D's wife G on the same day in the purchase price of KRW 45 million and received the down payment of KRW 10 million.

C. The plaintiff, the defendant, and D agreed that E, a construction business operator, will build a new house for each of the above parcels of land and that E, a construction business operator, will execute the civil engineering works (hereinafter "the instant construction works") with priority at KRW 100 million for the construction cost, and the plaintiff, the defendant, D, and E will share KRW 25 million for each of them.

The plaintiff and the defendant received 10 million won out of 45 million won of land purchase price from D as down payment, and agreed that D and the remaining land sale price of 35 million won shall be paid in lieu of repayment of 35 million won out of the new house construction price for the plaintiff and the defendant E.

D paid to E, on October 7, 2008, deposits into E’s account of KRW 20 million, deposit into L’s account of KRW 9 million on October 22, 2008, and deposit into the account of KRW 6 million on November 10, 2009.

E. The land before the instant partition was partitioned on October 23, 2008 and each registration of ownership transfer was completed as follows.

On August 26, 2010, the lot number area of land is subdivided into three parts: C, 534m2, and M 160m2, which are the name of the registration holder, for the reason of registration. The former 694m2 and M 160m2.