A. The Defendant is the implementer who newly built and sold the land of the Yeongdeungpo-gu Seoul neighborhood living facilities (hereinafter “instant commercial building”) in the time of the acceptance of the parties, and D Co., Ltd. (hereinafter “D”) is the trustee who entered into a management-type land trust contract with the Defendant with regard to the instant commercial building.

The Plaintiff is a person who has concluded a sales contract with the Defendant for the Fho Lake and Gho Lake commercial building (hereinafter “Fhoho Lake and G commercial building”) among the instant commercial buildings.

B. (1) On June 14, 2017, the Plaintiff’s parent transferred the total amount of KRW 90,000,000 to the Defendant’s bank account when he/she subscribed for the sale of the instant commercial building among the instant commercial buildings under the Plaintiff’s name. (2) The Plaintiff did not win the offer of the said commercial building, and the Plaintiff’s parent transferred KRW 20,000,000 to the Defendant’s bank account when he/she subscribed for the sale of the said commercial building under the Plaintiff’s name.

3) When the Plaintiff’s parents won a prize in the offer of Fho Lake and G commercial building, on June 26, 2017 in the Plaintiff’s name, the Plaintiff’s parent as a trustee and truster, and the Defendant, the seller and truster, as the implementer, enter into a contract for the supply of Nho Lake and G commercial building (hereinafter “each sales contract of this case”) with respect to Fho Lake and G commercial building as follows:

)을 체결하였다. ▣ 재산의 표시 C블럭[용인시 기흥구 J] (단위 : ㎡) 구분 건물 대지 공유지분 전용면적 공용면적 지하주차장 계약면적 F호 상가 58.9000 18.0010 44.6770 121.5780 13.1170 G호 상가 58.9000 18.0010 44.6770 121.5780 13.1170 제1조[공급대금 및 납부방법] D은 위 표시재산을 아래 방법으로 공급하고, 원고는 해당 금액을 D이 지정하는 본조 제3항의 은행 계좌로 납부하여야 한다. ① 공급금액 (단위 : 원 구분 대지가격 건물 계 건물가격 부가가치세 F호 상가 534,149,000 415,319,091 41,531,909 991,000,000 G호 상가 573,496...