1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim against the defendant is dismissed.

B. The plaintiff.

1. Facts of recognition;

A. (i) On December 10, 1972, the Plaintiff newly constructed a building on the front part of the land attached to the instant land and its neighboring land, jointly with the owner of the neighboring land on the land of this case, as the owner of H large 104.1 square meters in Seoul, Jung-gu (hereinafter “instant land”).

On July 1, 1975, the co-newers of the Plaintiff et al. agreed and confirmed to own a certain part of the newly constructed building in proportion to the area owned by the land, respectively, through a survey. Among them, the agreement to be owned by the Plaintiff and the determined part is the lower part of the indication of the attached property.

(hereinafter referred to as "the building in this case"). The building in this case was constructed differently from the construction permit, and the registration of ownership preservation has not been completed until now.

B. On June 7, 1975, the Plaintiff, while the principal and interest of the instant sales contract and inheritance (i.e., the Plaintiff reached KRW 16,55,00,000, issued a promissory note with a face value of KRW 20,000,000 to S, and on June 11, 1975, concluded on June 1, 1975, that the registration of the establishment of a neighboring mortgage was completed for the instant building as the registration of the establishment of a new ownership was completed for the instant building.

As the Plaintiff failed to repay the obligation to S, U, V, etc., V applied for a compulsory auction for the instant land, and S also applied for a voluntary auction.

on February 24, 1976, the Plaintiff sold the instant land and building to S in KRW 46 million. However, the Plaintiff calculated his debt to S in KRW 25 million, and appropriated his debt to S in the purchase price. The Plaintiff’s debt to U and V in KRW 2 million and KRW 1,7 million in the lease deposit repayment obligation to the instant building, KRW 17 million in arrears, and KRW 1,000 in the lease deposit repayment obligation to S in arrears, and KRW 1,00,000 in the form of acquisition by S in lieu of the payment of the purchase price (S paid by subrogation around that time).