C Around 2010, as a rental business operator who constructed and leases E apartment units, a public construction rental house, in Busan-gun, with the support of the National Housing Fund, in Busan-gun, and on March 20, 2014, leased E apartment units F (the apartment units of this case) to the Defendant in KRW 9,550,000,000.

In addition, around February 2016, the above deposit has increased to KRW 1320,000.

The Defendant completed a move-in report on March 20, 2017 and applied for a conversion for sale in lots for the instant apartment, but received notification from C on March 28, 2017, on the ground that “the Defendant illegally transferred the instant apartment to another person, and violated the obligation to reside,” along with a disqualified person for sale in lots.”

C approved the conversion for sale of the above E- Apartment from the captain on January 8, 2018 by the head of the Gun, and on January 11, 2018, sent a certificate of the final non-compliant household content requiring the non-resident, including the defendant, to leave.

With respect to the apartment of this case, on March 2, 2018, the registration of ownership transfer was completed on the ground of sale to the Plaintiff.

On the other hand, the defendant, around the other hand, filed a lawsuit against the plaintiff (on the premise that he is entitled to conversion for sale in lots) to the implementation of the procedure for registration of ownership transfer, and the conjunctively against C (the premise that C, even if sub-leases to himself, was the agreement to make conversion for sale in lots) and brought a lawsuit seeking compensation for damages suffered due to failure to observe the agreement, but on the ground that there is no evidence to prove that the primary claim is entitled to conversion for sale in lots,

(J) The defendant, the owner of the land, barring any special circumstance, is the plaintiff. (See Supreme Court Decision 2018GaGa206440 Decided January 21, 2020). [Ground]: The defendant does not have any dispute, each entry of Gap 1 through 3, Eul 1 through 4 (including all of the branch numbers), and the whole purport of the pleadings.