1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an executory agent delegated with the authority to implement the said project by the B-Housing Association (hereinafter “instant association”) established for the purpose of building and supplying apartment buildings with all Seongdong-gu Seoul Metropolitan Government as a project implementation district, and the Defendant is a member of the instant association.

B. On December 19, 2009, the Defendant entered into a sales contract with the instant association to be supplied with the Seongdong-gu Seouldong-gu Seoul apartment (hereinafter “instant apartment”) 102 Dong 1503 (hereinafter “instant apartment”) newly constructed by the said association to KRW 301,50,000 (i.e., the land price of KRW 120,000,000, the construction price of KRW 181,50,000, and thereafter, the sale price was increased to KRW 325,810,00,000, in applying the differential amount of Dong-ho, Dong-gu, Seoul, and the land ownership was transferred to the instant association in lieu of the payment of the land price, and the construction price shall be paid in installments and the remainder of the total amount of KRW 5.5.

C. On March 31, 2010, the Defendant concluded a sales contract with the Plaintiff to sell for KRW 900 million the sales right of the apartment of this case with the Plaintiff, while receiving a loan of KRW 63,525,00 from our bank (hereinafter “Korea bank”), and paying the first and second intermediate payment.

(hereinafter “instant sales contract”). At the time, the Defendant agreed to receive the remainder of KRW 718,500,000 from the Plaintiff, excluding the construction cost of KRW 181,50,000, the down payment of KRW 200 million was paid in two installments on May 2, 2010 and June 2, 2010, and the remainder of KRW 518,50,000 was paid on December 31, 2010.

Article 3. The seller shall cancel matters such as provisional seizure based on the right to sell apartment units until the buyer pays any balance.

Article 4. The seller shall pay the balance of the purchase and sale price of the above apartment at the same time.