1. The part demanding the return of down payment and the part demanding the return of intermediate payment in the instant lawsuit shall be dismissed.

2. Defendant B.

1. Basic facts

A. The relationship between the parties 1) A corporation established on February 14, 2014 as a corporation engaging in the new hotel construction business, etc., and Defendant C established on December 8, 1998 as a corporation that runs the construction industry, etc. for the purpose of performing land trust, and Defendant C entered into a business agreement and an agency contract (hereinafter “instant agency contract”) with Defendant C to build and sell a hotel on the Jeju City F, G, H land 1,171.10 square meters (hereinafter “instant hotel”).

The main contents of the agency contract of this case are as follows.

Article 22 (Method of Executing Funds) (3) Notwithstanding the provisions of paragraphs (1) through (2) of this Article and Article 23 (1) of this Article, with respect to the payment of taxes and public charges, substitute fees, loans to the lender, interest on loans to the buyer, and refund money to the buyer at the time of settlement of business, the defendant C shall withdraw the money after prior notification of the funding execution plan to the defendant B, the contractor, and the lender on the relevant date.

Article 23 (Order of Execution of Funds) (1) In the event there is competition in the performance of funds pursuant to Article 22, the defendant C shall pay the funds in accordance with the following order of priority:

【Prior Completion】

1. Taxes and public charges (including withholding taxes and corporate tax), registration and litigation costs, financial expenses (such as loan interest, overdue interest, fees, etc.), refund of the parcelling-out price (excluding penalty when a buyer breaches a contract) where a contract is cancelled, part payments loan of the buyer is handled to the fund management account and the part payments loan of the buyer is deposited into the fund management account, the amount of intermediate payment loan subrogated, part payments loan interest, substitute service fee, trust remuneration,

2. to 2.

4. Omitted.

B. On August 23, 2015, the Plaintiff entered into a sales contract and paid the sales price. The hotel J No. 187,835,200 won between Defendant B and Defendant B.