1. Of the judgment of the court of first instance, as to the plaintiff 4,035,00 won and 24,000,000 won among the judgment of the court of first instance against the defendant, July 2, 2004.

1. Basic facts

A. As to the 61,600 square meters of shares of 61,600 square meters of land D (hereinafter “instant land”) owned by Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the transfer registration for ownership was completed in F (the Defendant’s wife) on March 25, 2003 and April 7, 2003 as to the 10,383.4/60 of the shares of the instant land.

B. Around July 2, 2004 between the Plaintiff and the Defendant who represented the Plaintiff and F, a land sales contract with respect to the size of 2,314 square meters out of the instant land was prepared, and the Plaintiff paid the Defendant a total of KRW 52,500,000 on June 7, 2004, the purchase price of which was KRW 24,00,000,000 on July 12, 2004, and KRW 20,000 on August 3, 2004.

C. On July 2, 2004, the Plaintiff, G, and H completed the registration of the establishment of each of the F shares out of the instant land, with the maximum debt amount of G’s 75,000,000 won, the maximum debt amount of G’s 52,50,000 won, and H’s 37,00,000 won.

After that, the registration of ownership transfer was completed for 1,653/61,600 of the F shares out of the instant land, and the remainder of F shares out of the instant land was fully sold due to a compulsory auction on December 9, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, Eul evidence No. 1, the purport of the whole pleadings

2. Summary of the parties' arguments

A. On July 2, 2004, among the instant land registered as owned by Defendant F, a partner, the Defendant issued a purchase right of 700 square meters and paid a total of 52,500,000 won to the Defendant three times. After that, the said land was sold through a compulsory auction and the Plaintiff received a refund of only KRW 8,465,00 as dividends, and thus, the Defendant, the seller, is obligated to return the remainder of 44,035,00 won to the Plaintiff.

B. Although the Defendant intended to purchase part of the instant land in the name of E, the Plaintiff’s share in the land purchased is F’s share, not the Defendant’s share, and is not the Defendant’s person who sells part of the instant land to the Plaintiff.