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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 14, 2015, C concluded an apartment supply contract with D to sell the E Apartment F (hereinafter “instant apartment”) in the supply price of KRW 341,80,000,00, with the supply price of KRW 20,000,000, in the balcony extension cost, KRW 5,870,000, in the system, and KRW 26,860,000, in total for the purpose of apartment options construction cost, including the current entrance cost of KRW 990,00,00.
B. On October 24, 2016, the Plaintiff entered into a sales contract with D to purchase a purchaser’s status under the instant apartment supply contract (hereinafter “instant sales contract”), namely, the sales right in the purchase price of KRW 398,660,00,00, and agreed to succeed to the intermediate payment and the remainder of the instant apartment supply contract. On the sales contract, the Plaintiff entered into an agreement with the Plaintiff to succeed to the purchase price of KRW 341,80,000, the supply price of the instant apartment, KRW 20,000,000, and KRW 5,870,000,000, and the supply cost in the system, KRW 90,00,00,000.
C. At the time of the instant sales contract, the Plaintiff notified the Defendant of the amount of KRW 180,00,000,000, which was required by the seller at the time of the sales contract, but at the seller’s request, the sales contract of this case stated the amount of KRW 30,000,000, the sales contract of this case, unlike the actual fact, stated the amount of the premium of the sales right as above. Ultimately, the Plaintiff agreed to pay KRW 34,00,000, the apartment contract deposit of this case paid by the seller pursuant to the sales contract of this case, the amount of KRW 34,000,000, the costs of expanding balcony, and KRW 38,60,000,000, total of KRW 400,000,000, total of the sale right of this case, plus the above KRW 180,00,000,000.
According to the instant sales contract, the Plaintiff transferred KRW 10,00,000 to D’s account on October 24, 2016, and KRW 10,000,000 to G’s account designated by the seller’s side, and KRW 58,60,000 to D’s account on November 18, 2016, respectively, and on November 18, 2016.