1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C as a member of the D Regional Housing Association, sold the right to sell D Regional Housing Association, Apartment F, located in Ulsan-gun E (hereinafter “instant apartment”) (hereinafter “instant right to sell the instant apartment”) to the Defendant around 2016.

B. On August 22, 2017, the Defendant concluded a sales contract with the Plaintiff to sell the instant sales right to KRW 174,600,000 to the Plaintiff (hereinafter “instant sales contract”).

(5,000,000 won of the down payment was agreed to be paid at the time of the contract, and the remainder payment date under the instant sales contract is in blank, but the remainder payment date is in blank. However, in the column for the date of transfer of ownership and delivery, the “after the date of report of actual transactions” is indicated.

On October 25, 2017, the Plaintiff paid to the Defendant the down payment of KRW 5,000,000 and KRW 10,000,000 among intermediate payments, and KRW 22,00,000,000 to the trust account at the Defendant’s request on December 28, 2017.

On July 18, 2019, the Plaintiff sent to the Defendant a letter verifying the content of the instant sales contract, as the Plaintiff was affiliated with the Plaintiff, even though the Plaintiff was neither a purchaser of the instant apartment, nor a successor to the ownership of the instant apartment, and concluded the instant sales contract as if he were in its membership.

E. As of the date of closing argument of the instant case, C is registered as a seller of the instant apartment.

[Ground of Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, 6, Eul evidence 1, fact inquiry results against the president of the regional housing association association of this court, the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion is that the defendant is not a seller of the apartment of this case or a successor of the right to sell the apartment of this case.