1. Of the judgment of the court of first instance, the part against the defendant regarding the claim for refund of the settlement amount shall be revoked, and the above revoked part shall be revoked.

1. Basic facts

A. 1) C entered into the instant sales contract on December 21, 2009, as SH Corporation (hereinafter “SH Corporation”).

BF No. 1075 (hereinafter referred to as “instant commercial building”) between the two:

) The sales contract was concluded with the content that the sales contract was sold in 564,832,000 won (hereinafter “instant sales contract”).

(2) According to the instant sales contract, C paid down payment of KRW 112,966,00 to SH in accordance with the instant sales contract, and KRW 451,866,000 in sales balance was determined to be paid by February 20, 2010, within the salesroom designation period.

B. On March 10, 2010, the Defendant purchased the right to sell the instant commercial building from C in KRW 584,832,00, and paid KRW 132,966,00 ( = purchase price = 584,832,00 - sale price - KRW 451,866,00) to C. On April 9, 2010, the Defendant succeeded to the status of the purchaser under the confirmation of SH Corporation (the details of the right and duty succession of the sales contract made between C and SH Corporation; the date of succession; the date of succession; “Transfer C”; the Defendant’s address; and the transferee’s address, Dobong-gu Seoul Metropolitan Government apartment apartment unit 1904.125”

(2) On April 12, 2010, the Defendant concluded a sales contract between the Plaintiff and the Plaintiff to sell the instant commercial building ownership (hereinafter “instant sales contract”), and the sales price shall be KRW 764,832,00,00, plus KRW 200,000,000,000 in total, and the remaining sales price shall be KRW 451,86,00,000,000.

3) However, the Plaintiff and the Defendant agreed to prepare so-called “the so-called “the so-called “the” contract, and accordingly, the sales contract for the right to sell commercial buildings dated April 12, 2010, stating the purchase price as KRW 594,832,00, as it is, is deemed to be the sales contract for the right to sell commercial buildings (hereinafter “the instant sales contract”).

The sales contract was prepared, and the contract was "the sale price".