(a)the Korea Land and Housing Corporation and the Gyeonggi-do Si Corporation jointly implemented the D District Development Project for Pyeongtaek-si C, and the housing owned by the Defendant was included in the project area;

B. On February 9, 2010, the Plaintiff entered into a sales contract with the Defendant to sell KRW 50,000,00 to the Plaintiff the sales right of migrants to be supplied by the implementer when the Defendant is selected as a person eligible for supply of the future housing site for migrants (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the purchase price in full to the Defendant. At the time, the Plaintiff did not obtain consent from the implementer regarding the instant sales contract.

C. Around January 2015, the Defendant was selected as a person eligible for supply of the said development project’s housing site, and concluded a sales contract with the Gyeonggi-do Si Corporation to receive E land on May 24, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 11, Eul evidence 5 (including branch numbers for additional evidence), the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The gist of the defense prior to the merits is that the plaintiff sought implementation of the procedure for applying for the consent to resell to change the name of the purchaser pursuant to the original contract of this case, and it should be reversed and remanded, and the purport of the claim was modified as a claim for return of unjust enrichment based on the purchase price under the sales contract of this case. The alteration of the plaintiff's claim of this case is inappropriate not only because the basic identity of the claim is not identical, but also because it considerably delays

Even if such a claim is changed, the requirements of withdrawal of the lawsuit should be satisfied because it falls under the withdrawal of the request and addition of the application.

(b) The modification of a claim for judgment is a fact-finding court insofar as it does not change the basis of the claim, unless it is obvious to delay the proceedings.