1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 10, 2020, the Plaintiff and wife, who shared 1/2 shares of the former YY C Apartment D (hereinafter “instant real estate”) and the Defendant, a Dong-in, E, entered into a real estate sales contract (hereinafter “instant sales contract”) that sells the instant real estate to the Defendant for KRW 170 million in the purchase price. At the time, the Plaintiff, as to the Plaintiff’s 1/2 shares of the instant real estate, delegated E with the authority to enter into the instant sales contract and to receive the purchase price.

B. The Defendant paid the down payment of KRW 17 million to E on the date of the conclusion of the instant sales contract, and paid the remainder KRW 153 million on January 13, 2020, in full, the purchase price of KRW 170 million was paid, and completed the registration of ownership transfer on the instant real estate in the name of the Defendant on the same day.

C. On January 13, 2020, E entered into a contract to establish a right to lease on a deposit basis with the Defendant to lease on a deposit basis for the instant real property from January 13, 2020 to January 13, 2026. On the same day, E paid the Defendant a deposit amount of KRW 153 million for a deposit on a deposit basis, and completed the registration of establishment of a right to lease on a deposit basis for the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Defendant purchased the instant real estate owned by the Plaintiff and E in the purchase price of KRW 170 million, but did not pay KRW 85 million equivalent to the Plaintiff’s share (1/2 share) out of the purchase price. As such, the Defendant is obliged to pay the Plaintiff KRW 85 million and its delay damages.

B. However, the Plaintiff’s wife E entered into the instant sales contract with the Defendant and concluded the instant sales contract with respect to one-half portion of the instant real estate, with the authority to conclude the instant sales contract and to receive the sales amount delegated by the Plaintiff.