1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. H is a person who actually operates the Plaintiff in a de facto marital relationship with J, the representative director of the Plaintiff. G is a father of H in a de facto marital relationship with the Defendant.

B. On August 10, 2016, the Plaintiff: (a) drafted a sales contract under the name of Gangseo-gu Seoul Metropolitan Government for multi-household D 302 (hereinafter “D 302”) to sell the purchase price of KRW 184,00,000 to I; and (b) drafted a sales contract for selling the above D 303 floor (hereinafter “D 303”) to E (I’s wife); (c) on August 30, 2016, the Plaintiff completed the registration of ownership transfer under the name of I, and completed the registration of ownership transfer under the name of E as to D 302, as to D 302, respectively.

C. On August 20, 2016, the Defendant concluded a sales contract with the purchase price of KRW 580,00,00 with respect to one parcel, other than the land in Gwangju-gu, and the five-story building on its ground (hereinafter “instant real estate”). On September 23, 2016, E completed the registration of ownership transfer with respect to the instant real estate to the Defendant on September 23, 2016.

On the other hand, at the time of the preparation of a contract for the powder contract with respect to D 302 and 303 on August 10, 2016, the Plaintiff, and E signed and sealed the attached Form stating, “In purchasing the instant real estate, which is the real estate owned by E, the down payment at each contract location shall be offset against each other, irrespective of the content of the contract. The down payment at each contract location shall be offset against each other. The total down payment at D 302 and 303 shall be replaced with the down payment at each time of the instant real estate.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 7 (including each number; hereinafter the same shall apply), the witness I of the first instance trial, the purport of the whole pleadings

2. The parties' assertion

A. On August 20, 2016, the Plaintiff exchanged D302, 303, and E, one’s own possession of the instant real estate, and sold the instant real estate in KRW 288,90,000 to the Defendant.