1. The Plaintiff (Counterclaim Defendant) is a housing site for the purpose of designating the Gangseo-gu Busan Metropolitan Government 247 square meters to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 26, 2010, the Defendant entered into a sales contract with the Plaintiff on the sales right (hereinafter “instant sales contract”) with the content that the Plaintiff would purchase KRW 72 million of the sales right of the unsettled housing site that the Plaintiff would receive from the Korea Land and Housing Corporation (hereinafter “instant sales right”) as the real estate listed in the attached list owned by the Plaintiff was incorporated into the D Zone Development Project (hereinafter “instant development project”). On the same day, the Defendant paid KRW 15 million as the down payment and KRW 57 million as the remainder on November 1, 2010.

B. On September 6, 2013, the Plaintiff was selected as eligible for the plan for relocation of the instant development project. On March 4, 2015, the Plaintiff entered into a sales contract with the Korea Land and Housing Corporation to be provided with KRW 207,726,00 of Gangseo-gu Busan Metropolitan City (the combined use of designated housing sites for relocation; hereinafter “instant real estate”) for KRW 207,772,600, and paid the down payment of KRW 20,772,60 on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3-2, Eul evidence 1, the purport of whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the instant sales contract was concluded between ① the Plaintiff and the time prior to the occurrence of the instant sales right and the time of resale, and ② concluded without the consent of the Korea Land and Housing Corporation, which is the project implementer, in violation of Article 19-2(1) of the Housing Site Development Promotion Act, is null and void in accordance with Article

B. The instant sales contract is valid for the Defendant’s primary counterclaim. Since the Plaintiff obtained consent from the Korea Land and Housing Corporation, the Plaintiff is obligated to implement the procedure to change the purchaser’s name on March 4, 2015, which was entered into between the Defendant and the Korea Land and Housing Corporation regarding the instant real estate.

Do. Agreement.