A. On February 19, 2016, the Plaintiff entered into a sales agency contract with the Defendant on June 26, 2015, stating the date of concluding the contract as the date of June 26, 2015, and entered into the sales agency contract with the Defendant, the Plaintiff, who is an executor, for sales agency for the unit-based 30 households of Pyeongtaek-si Al canalle-type multi-family housing (hereinafter “the instant canalle-type housing”).

B. The Plaintiff and the Defendant, along with the instant parcelling-out agency contract, entered into a final parcelling-out agency contract with the purport that “the instant parcelling-out contract is a sole parcelling-out agency, and shall not perform any act with respect to the sales agency for the other canal wells of the instant case except the Plaintiff,” and that “the Plaintiff shall deposit KRW 500 million with the Defendant as the performance bond for the sales, and return the deposit KRW 500 million deposited at the time of six months after the full payment of the deposit, and shall open the sales within six months after the full payment of the deposit, and if it is deemed difficult to proceed with other projects, the Defendant and the Plaintiff immediately terminate the instant contract and the deposit money shall be repaid to the Plaintiff within 14 days including the penalty.”

The Plaintiff paid KRW 500 million to the Defendant in accordance with the instant sales agency contract and special agreement.

C. However, in violation of the provisions of the contract for the exclusive sale agency contract as stipulated in the above conclusive sale agency contract, the Defendant entered into a double sale agency contract with Sunglim Consulting Co., Ltd., LAS et al., and B, etc. on the instant canal parcels, and the Plaintiff did not open the sale even after the lapse of more than six months from the time the deposit was fully paid to the Defendant.

At present, the defendant is subject to the revocation of the housing construction project plan for the other canal wells of this case from Pyeongtaek-si, the competent administrative agency, and the said sale project.