The plaintiff succeeding intervenor's claim against the defendant is dismissed.

2...

A. On September 27, 2013, the Plaintiff who withdrawn from the contract (hereinafter “Plaintiff”) and the Defendant agreed to transfer the sales amount of KRW 235,00,000,000 out of the down payment and the remaining down payment of KRW 18,00,000 to October 3, 2013, when entering into a sales contract (hereinafter “instant sales contract”) with respect to the D apartment 104, 1801 (hereinafter “instant apartment”) owned by the Defendant.

B. The instant sales contract provides that “A prior to the payment of the advance payment, the Defendant shall reimburse the down payment, and the Plaintiff may waive the down payment and rescind each of the instant sales contract. The Plaintiff may claim damages arising from the cancellation of the contract, and the down payment shall be based on the compensation for damages, unless otherwise agreed.”

C. The Plaintiff, the seller, paid KRW 2,000,000 to the Defendant, the buyer on the day of the above contract, but did not pay the remainder down payment.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s Intervenor’s assertion that the Plaintiff succeeded to the Plaintiff had lawfully rescinded the instant sales contract on the grounds of double selling of the Defendant immediately after the conclusion of the instant sales contract. As such, the Defendant is liable to return the down payment amount of KRW 2,00,000 that was already paid to the Plaintiff as unjust enrichment and to pay KRW 2,00,000 as compensation for damages arising from the rescission. The Plaintiff’s succeeding intervenor acquired the said claim

In light of the circumstances leading up to the conclusion, implementation, and cancellation of the instant sales contract, the relationship between the Plaintiff and the Plaintiff’s succeeding intervenor, the degree of involvement in the sales contract, the Plaintiff’s age, and the estimated source of funds, etc., the Plaintiff’s transfer of claims for the instant claim to the Plaintiff’s succeeding intervenor during the party proceedings is prohibited by