1. The main part of the lawsuit in this case shall be dismissed.

2. The defendant shall pay 146,537,000 won to the plaintiff and 87,000 won among them.

1. Basic facts

A. The Korea Land and Housing Corporation, which is a project implementer for the implementation of the housing site development project and the project implementer for the housing site development project for members of Gyeyang-gu and E Dong (hereinafter “instant housing site development project”), has established relocation measures to supply migrantss’ housing site to residents who lose their base of living due to the implementation of the said project. The defendant who owned housing on G land in Gyeyang-gu, Seoyang-gu, Yangyang-gu, Seoul, applied for the housing site for migrants to the Korea Land and Housing Corporation and was selected as a person eligible for supply of migrantss’ housing site around January 2015.

B. On February 2, 2015, C’s acquisition of the Plaintiff’s right to parcel out the housing site of migrants to be supplied by the operator of the said project as the above housing units owned by the Defendant were incorporated into the instant project between the Defendant and the Defendant, (hereinafter “instant right to parcel out the housing site”).

2) The sales contract of this case for the purchase of 87,00,000 won (hereinafter referred to as the “sale contract of this case”).

(2) On February 26, 2015, the Plaintiff entered into a contract with C to purchase the instant purchase price of KRW 92,000,000 (hereinafter “instant purchase contract”) and paid KRW 92,00,000 to C on the same day.

On the other hand, there was no consent from the Korea Land and Housing Corporation as the executor in the process of the sale contract and resale contract.

C. On December 2, 2016, the Defendant entered into a contract for the sale of housing lots and paid the Plaintiff’s contract bond) with the Korea Land and Housing Corporation on December 2, 2016, the land indicated in the separate sheet to be allocated to oneself (hereinafter “instant land”).

(2) The sales contract is to purchase the purchase price in KRW 595,370,000, and among which KRW 59,537,000 is to pay the contract deposit up to December 2, 2016 (Evidence A6; hereinafter “instant sales contract”).