1. Revocation of a judgment of the first instance;

2. The defendant and C. as to the real estate stated in the attached Table 1 list to the plaintiff.

1. Determination as to the cause of claim

A. Facts of recognition 1) Multifunctional Administrative City Construction Agency Co., Ltd and D Co., Ltd. (hereinafter “C, etc.”) on August 27, 2015

The invitation announcement was made with respect to E apartment units supplied by it. The above recruitment announcement was made prior to the amendment of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015; hereinafter the same shall apply) with respect to housing subject to the upper limit system for selling prices.

Article 41-2 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 26750, Dec. 22, 2015; hereinafter the same shall apply) and Article 41-2

(2) Article 45-2 of the Act provides that the first purchase of a housing supply contract is prohibited for one year from the date on which it is possible to conclude the housing supply contract (as of September 15, 2015), the Defendant applied for a housing subscription in accordance with the said public offering notice, and won the winning, and acquired the ownership of the real estate listed in the separate sheet No. 1 (hereinafter “instant apartment”).

3) Around October 2015, the Defendant received a premium from F, the broker of the right to sell lots, and requested F, to resell the right to sell lots of this case. Around October 5, 2015, F, delegated by the Defendant, agreed to sell and purchase the Plaintiff’s sales right with G delegated by M as a broker of M on October 5, 2015. The Plaintiff paid KRW 65,400,80 to M via G, and M received KRW 100,000,000 as a fee, while delivering the said money to F. (4) The Defendant received part of the money from F, and received from F, as a fee.

On the same day, the Defendant concluded the sales contract, the extension of balcony, and other options contract with C, etc. for the apartment of this case, and paid 36,015,000 won with the amount received from F as the sales contract deposit, and 1,385,800 won with the options contract deposit.

5) On the same day, the Defendant entered into a sales contract (Evidence A No. 1) and a balcony expansion and options contract (including Evidence A No. 3) prior to the sales right in this case.