2. After an appeal is filed.

A. The Plaintiff is a company established for the purpose of the Design Corporation, the Earth Corporation, and the tin construction business, and the Defendant is a sales agent delegated by the non-party C Co., Ltd. (hereinafter “non-party Co., Ltd.”) with the authority to sell officetels E located in the Changwon-si E Office.

B. The Plaintiff agreed to purchase the instant officetel under the pretext of payment in lieu of the debt of construction payment equivalent to KRW 170 million against the Plaintiff of the Nonparty Company and the Nonparty Company (hereinafter “instant debt of construction payment”).

C. According to the above agreement, the Plaintiff and the non-party company concluded a sales contract with Nonparty F, who is an employee of the Plaintiff company, for the instant officetels Nos. 201, 604, 701, 702, and 805 (hereinafter “the instant officetel”).

On March 7, 2014, the Defendant sent to the Plaintiff letters and notes stating that “When the transfer of the instant officetels is lost, it is out of the full payment to B” (hereinafter “the instant letter and notes”). On March 11, 2014, F expressed the intention to cancel the sales contract for the instant officetel to the non-party company and the Defendant, and the said sales contract was concluded around that time.

E. After the termination of the foregoing, the Defendant completed the registration of ownership transfer in the name of the third party with respect to the fourth debentures among the instant officetels on March through April, 2014, and the Defendant determined the deposit amount of KRW 20 million on February 20, 2014 and leased it to the third party on February 20, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 5, Eul's evidence 1 and 3 (including paper numbers, hereinafter the same shall apply), the whole purport of pleading

2. Judgment on the main claim

A. On March 7, 2014, the Plaintiff asserted that the instant officetel was abandoned by the Plaintiff on March 7, 2014, the Defendant, a sales agent of the non-party company, disposed of the instant officetel to a third party and received the sales price.