1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is the owner of Sung-gu, Changwon-si B, Seongbuk-gu B, 1022.5 square meters (hereinafter “the instant land”). The Defendant entered into a trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) for the development of land for sale, and is an executor who carries out the project for the construction of officetels in Sungwon-gu, Sungwon-si C.

B. On April 7, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a two-year rent of KRW 240 million for the instant land, setting the lease period from April 17, 2014 to two years (hereinafter “instant lease agreement”).

C. The Defendant, with the Plaintiff’s consent, concluded a sublease contract on the land of this case with Korea under the same conditions, and the Korea Land Trust directly paid the Plaintiff a rent of KRW 240 million under the instant lease agreement.

In accordance with the instant lease agreement, around May 26, 2014, the Defendant newly built an officetel model housing (hereinafter “instant model housing”) on the ground of the instant land, carried out the sales business at the same time, and removed the instant model housing in September 2016.

E. On the other hand, on April 23, 2014, between the original Defendant and the original Defendant, a loan agreement was concluded between the Plaintiff and the Defendant, stating that “The Plaintiff’s repayment period of KRW 120 million was fixed and lent to the Defendant on November 12, 2014.” On the same day, the Plaintiff deposited KRW 120 million into the Defendant’s account. The Defendant, on April 24, 2015, remitted the Plaintiff KRW 20 million to the Plaintiff, and KRW 10 million on May 22, 2015, respectively.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 2, 4, Eul's evidence 1, 3, and 5, witness D, E's testimony, and the purport of whole pleadings

2. Determination on the cause of the claim

A. On April 23, 2014, the Plaintiff asserted 1 by the parties concerned lent KRW 120 million to the Defendant for the instant model cargo construction fund. However, on April 23, 2015, the Plaintiff leased KRW 120 million to the Defendant.