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1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid following is revoked.
Reasons
1. Facts of recognition;
A. The registration of transfer of ownership in the name of the Defendant C was completed on the grounds of the sale on March 17, 2008 from the owner G on March 17, 2008 with respect to the Mapo-gu I and the first floor 202 (hereinafter “H housing”) on the ground of the ownership transfer registration in the name of the Defendant C, and on the Seoul Mapo-gu F underground floor 02 (hereinafter “F housing”), from the owner E on April 24, 2008 on the ground of the sale on February 29, 2008 (the transaction price of KRW 230 million).
B. The parties to the sale and purchase of F Housing entered the purchase price in KRW 2.2 billion in actual purchase price, taking into account the case where a subsequent loan is received, and upon a special agreement that the purchaser would accept the lease deposit of KRW 65 million and the lease deposit of KRW 30 million, the remainder of KRW 10 million on the day (K remitted the remainder of KRW 97 million) by D on March 21, 2008, when D would take over the lease deposit of KRW 65 million and the loan of KRW 30 million, and the same year.
4. 23. 37 million won was paid, and 3.6 million won was paid to certified judicial scrivener, and 2.3 million won was paid by D.
C. On the other hand, on April 12, 2013, the Plaintiff and Defendant B, on the other hand, entered into a telephone conversation, with the word “D, the name of which was lent to D, and trusted to D.” It would not be sold to have sold and arranged F housing and H housing as soon as possible. H housing would be purchased in the future. It would also be purchased in the future. Although D had several houses owned, if owned more than five but it would not be classified as a lessor, it would still be sold and sold in the name of another person to prevent the lessor from being classified as a lessor.” On June 12, 2013, Defendant C purchased a house under the name of “C” and “D.”
D On November 24, 2013, “the Plaintiff shall pay to the Plaintiff KRW 60 million borrowed from the Plaintiff up to April 30, 2014, and if the Plaintiff is unable to repay until then, the principal shall be sold and the principal shall be given priority.