1. The Defendant’s KRW 78,329,00 for the Plaintiff and KRW 5% per annum from August 23, 2016 to November 3, 2017.

1. Facts of recognition;

A. On September 23, 2015, C entered into an apartment supply contract (hereinafter “instant apartment”) with respect to D apartment E (hereinafter “instant apartment”) and applied for an intermediate payment loan.

B. On August 10, 2016, the Plaintiff introduced the right to sell the instant apartment from F, a broker, and decided to purchase it. On the same day, the Plaintiff transferred 5 million won of the down payment to the Defendant. On the 22th of the same month, the Plaintiff paid KRW 73,329,000 of the remaining price at the same time as he/she received relevant documents, such as a real estate sales contract in the name of C, a certificate of transaction, etc. from G, a seller of the right to sell ownership, and received a receipt from F.

C. G delivered 66,329,000 won, excluding 7,000,000 won of brokerage commission, to the Defendant out of the above remaining balance.

On the other hand, C’s loan of intermediate payment of the instant apartment was not implemented due to C’s default of tax, and eventually C does not pay intermediate payment on January 21, 2016, and the instant contract was concluded.

6.7.The supply contract was terminated.

[Based on recognition] Each entry of Gap evidence Nos. 1 through 11 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. The summary of the argument 1) The Defendant resells the Plaintiff the right to sell the instant apartment on or around June 7, 2016, which was not effective after the termination of the contract, and thus, it is impossible to achieve the contract, and thus, the sale right resale contract is null and void. Since the Plaintiff expressed his intention to cancel the contract to the Defendant and F on or around October 2016 on the ground that the resale contract is in the original invalidation of the contract, the Defendant is obligated to return KRW 78,329,000 for the purchase price. 2) The Defendant, not the Defendant, but the Defendant, at the request of H, is a party to the instant contract, and the Defendant is not the Defendant, but the Defendant, at the Defendant’s fault, to exchange part of the purchase price of the instant apartment purchase right