The apartment house C in Gunsan-si (hereinafter referred to as the “instant apartment”) is an apartment constructed by D Co., Ltd. (hereinafter referred to as “Nonindicted Company”).

The non-party company concluded a sales contract as if it sold the instant apartment E (hereinafter “instant partitioned building”) with the aim of raising construction cost as a result of difficult construction while constructing the instant apartment, and appropriated the said loan by receiving a loan from the Defendant in the name of the intermediate payment based on the said sales contract.

On July 30, 2017, when the non-party company entered into an agreement with the defendant as above, and did not fully repay the loans made under the name of the defendant until July 30, 2017, the non-party company completed the registration of ownership transfer with the amount of 70% of the total sale price as to the building of

The non-party company was unable to repay a loan made under the name of the defendant on July 30, 2017.

On August 10, 2017, the defendant sent to the non-party company a certificate of content to urge the non-party company to implement the procedure for the registration of ownership transfer of the building in the instant partitioned ownership.

On the other hand, on October 28, 2017, the Defendant sold KRW 244,00,000 to the Plaintiff the right to sell the instant partitioned building (hereinafter “instant contract”) and the Plaintiff paid KRW 35,200,000 to the Defendant on the same day.

Article 2 of the instant contract provides that if the Defendant violates the instant contract, he/she shall compensate the Plaintiff for the double amount of the down payment.

At the time of concluding the instant contract, the Defendant did not acquire the ownership of the sectionally owned building of this case.

The remaining payment date of the instant contract is indicated as January 3, 2018, and the Plaintiff was anticipated to move into the sectional ownership building of this case at that time and was preparing to move into the sectional ownership building of this case between the non-party company and the defendant.