1.The judgment of the first instance shall be modified as follows:

In accordance with the plaintiff's conjunctive claim added by this court,

1. The reasons for this part of the facts of recognition and relevant laws and regulations are the same as the reasons for the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff’s assertion 1) The resale contract of this case is valid, and the Defendant is obligated to receive KRW 125,496,000,000, totaling premium 90,000,000 and KRW 35,496,000,000 already paid by the Plaintiff to the Defendant, and at the same time, to implement the procedure to change the name of the purchaser under the instant sales contract entered into with the Korea Land and Housing Corporation pursuant to the instant sales right resale contract with the Plaintiff. (2) According to the Housing Site Development Promotion Act and its Enforcement Decree, the number of housing construction sites supplied according to the implementation of relocation measures can be resold with the consent of the project operator. However, even without the consent of the Korea Land and Housing Corporation, the said contract is in a state of fluid invalidation. Therefore, the Defendant is obligated to implement the procedure of applying for permission (the procedure of application for pre-sale) so that the consent of the Korea Land and Housing Corporation can be obtained with respect to the said contract.

B. Defendant’s assertion 1) The instant resale contract was concluded without the consent of the project implementer, and was in violation of Article 19-2(1) of the Housing Site Development Promotion Act, and thus null and void pursuant to Article 19-2(2) of the same Act. 2) Even if not, the Defendant returned the premium to the Plaintiff and rescinded the agreement on the resale of the instant resale right.

3. Determination

A. Determination of the main claim - In principle, whether the sale right contract is invalid as it was concluded without the consent of the project implementer, or not, the resale before the expiration of the registration of ownership transfer regarding the housing site created under the Housing Site Development Promotion Act pursuant to the main sentence of Article 19-2(1)