1. The part of the conjunctive claim of the first instance judgment against the defendant exceeding the money ordered to be paid below.

1. Basic facts

A. When the construction fund was insufficient while entering into a contract with C Co., Ltd. (hereinafter “C”) for the construction of the Moel Construction Project and the construction was being carried out, the Defendant raised funds using each real estate listed in the separate sheet (hereinafter “each real estate of this case”) owned by the Defendant, and as a director of C, introduced the Plaintiff through E, who was in charge of the construction of the said Moel Construction Project.

B. On March 15, 2013, the Defendant entered into a pre-sale agreement with the Plaintiff on each of the instant real estate (hereinafter “instant pre-sale agreement”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration”), on March 18, 2013, the Plaintiff entered into the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”). The main content of the instant pre-sale agreement is as follows.

The price under Article 1 shall be determined by 423,00,000 won, and the buyer shall be deemed to have paid the price to the seller at the domicile of the seller without fixing a period, and simultaneously made a statement of intention to complete the sale at the same time as the buyer pays the price to the seller.

Article 2 In the event of an expression of intent to pay the price and to complete the sale under the preceding Article, the ownership of the sold real estate shall be naturally transferred to the buyer on such terms, and each Do Governor shall immediately apply for the registration of ownership transfer of the said real estate, and also deliver the said real estate to all persons.

Section 4. The buyer shall pay to the seller 423,00,000 won at the same time as the deposit in the formation of this contract and at the same time the seller shall receive the payment.

C. Meanwhile, the provisional registration of the right to claim partial transfer of ownership in the name F was completed with respect to 3/10 shares of each of the instant real estate. However, on March 14, 2013, the day before the date of the instant promise to sell and purchase the instant real estate, the Plaintiff cancelled the provisional registration of each of the instant real estate by F with respect to “the loan amount of KRW 180,000,000,000, the due date for payment, KRW 24% per annum of September 30, 2013, interest rate, and delay damages rate, and F with respect to each of the instant real estate.”