1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 85,000,000 on February 12, 2010.

1. Facts of recognition;

A. Goyang-gu D ground housing owned by the Defendant was included in the project zone for the housing site development project of the district in which the Korea Land and Housing Corporation is implementing.

B. On February 12, 2010, the Plaintiff entered into a contract with the Defendant to purchase KRW 85 million (hereinafter “instant purchase contract”) the sales right of migrants’ housing site to be supplied by the implementor of the said project (hereinafter “instant sales right”) as the said housing site was incorporated into a housing site development project for a district (hereinafter “instant sales right”).

It is not true that the defendant obtained consent from the Korea Land and Housing Corporation, the executor in the process of the sales contract of this case.

C. The Korea Land and Housing Corporation, on January 5, 2015, granted the Defendant the qualification to apply for housing sites for migrants.

On November 25, 2016, the housing site for migrants allocated to the defendant by lot of the Korea Land and Housing Corporation was determined as the attached list migrants housing site (hereinafter referred to as the “instant migrants housing site”).

On December 16, 2016, the Defendant concluded a sales contract with the Korea Land and Housing Corporation to purchase the instant migrants’ housing site at KRW 610,767,000 (hereinafter “instant sales contract”).

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 4, fact-finding results to the head of the Incheon Regional Headquarters of the Korea Land and Housing Corporation in the first instance, the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the Plaintiff purchased the instant ownership from the Defendant, the Plaintiff is obligated to implement the procedure for changing the name of the buyer in the instant sales contract to the Defendant.

B. The first preliminary claim was made by the Defendant, at the time of selling the instant sales right to the Plaintiff, to compensate the Plaintiff for the total amount of the sales price related to the sales right and the expenses incurred in selling the sales right, and thus, the Defendant prepared a performance letter to compensate the Plaintiff for the total amount of the sales price and the expenses incurred in selling the sales right. Accordingly, the Defendant’s purchase price of the sales right = KRW 170 million,