Of the judgment of the first instance, the part against the defendant ordering payment in excess of the amount ordered.

1. Basic facts

A. The plaintiff and the designated parties (hereinafter collectively referred to as "the plaintiff and the designated parties") jointly invested in around 200 in 200 and the defendant agreed to purchase real estate in the name of the defendant and to equally divide the subsequent expenses and profits therefrom (hereinafter "the first agreement of this case"). Around November 10, 2005, the first agreement of this case was confirmed, and a subsequent agreement was made to the effect that the payment of accrued interest at the time shall be made when the joint purchased real estate was disposed of (hereinafter "the second agreement of this case"), and the first and second agreements of this case were combined to "the agreement of this case").

B. According to the instant agreement, the Plaintiff, etc. and the Defendant purchased from F on May 10, 200 the area of KRW 1934 square meters prior to G in Yeonsu-gu Incheon (hereinafter “instant land”) and completed the registration of ownership transfer under the name of the Defendant. The said amount of KRW 200 million was invested by the designated parties and the Defendant, respectively, in the amount of KRW 20 million, and the Plaintiff’s KRW 10 million, and paid KRW 10 million to the Namcheon National Agricultural Cooperative on May 19, 200, after establishing the right to collateral security of KRW 154 million with the maximum debt amount of KRW 10 million.

On the other hand, the plaintiff et al. and the defendant decided that the designated parties and the defendant bear each of the above loan principal amounting to KRW 20 million and the plaintiff's 30 million, and that the loan interest shall bear the responsibility according to the ratio of the amount of the loan granted to the lender.

C. The Defendant received money from the Plaintiff, etc., and paid the loan interest, property tax, medical insurance premium, etc. on the instant land. On May 20, 2005, the Defendant obtained additional loans of KRW 300 million in total by means of repaying KRW 110 million in the existing principal of the loan from the Namcheon Agricultural Cooperatives. The Defendant received loans of KRW 13 million in total.

around 2013, the Defendant sold the instant land to H, and completed the registration of ownership transfer in the name of H on October 1, 2013.

E. The period during which the Plaintiff and the Defendant owned the instant land under the name of the Defendant.