1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. A. Around February 2013, the Defendant entered into a joint agreement with C (hereinafter “Nonindicted Company”) to newly construct and sell “E building”, a complex housing (hereinafter “instant collective agreement”) on the 9 parcels outside Dong-gu, Chungcheongnam-gu, Seoul and nine parcels (hereinafter “instant collective agreement”).

The defendant under the above contract provided a site for the apartment house of this case, and the non-party company provided a financing for project costs.

B. On October 28, 2013, F, a director of the non-party company, recommended the Plaintiff to designate a good Dong and unit upon deposit of the pre-sale contract in relation to the instant multi-family housing, and the Plaintiff received from F a seller’s column a written contract for the instant multi-family housing sales in which the Plaintiff entered in the Defendant and buyer column (hereinafter “instant contract for sales”). On November 4, 2013, F, a director of the non-party company, deposited KRW 70,000,000 in total with the agricultural bank account in the name of the Defendant, and deposited KRW 50,000,000 in the account in the name of the Defendant.

C. Meanwhile, the instant sales contract is one of the five sales contracts in which the Defendant affixed the Defendant’s seal on the seller’s column and delivered the buyer’s column with blank.

Since then, F or Defendant’s side did not designate the Plaintiff among the instant multi-family housing units as Dong and Dong.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, F's testimony of witness of the first instance court, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion entered into a pre-sale contract with the Defendant for the instant multi-family housing (hereinafter “instant pre-sale contract”), and paid the pre-sale contract, and the Defendant did not perform its duty to sell in advance. As such, the Plaintiff was to cancel the instant sales contract.

Therefore, the defendant is obligated to pay to the plaintiff KRW 70 million and delay damages for restitution.

(b).