1. The request for intervention by an independent party intervenor shall be rejected;

2. The defendant is paid KRW 130,000,000 from the plaintiff.

The main lawsuit and the lawsuit of independent party intervention shall be considered together.

1. Facts of recognition;

A. 1) On September 7, 2015, the Intervenor’s side on the part of the Intervenor is to conduct a housing construction project, real estate indicated in the separate sheet with the Defendant on September 7, 2015 (hereinafter “instant apartment”).

(320 million won for purchase (hereinafter referred to as the “first contract”) to determine the purchase price as KRW 320 million for the sale;

In concluding the contract, the contract deposit was set at KRW 32 million, intermediate payment was set at KRW 128 million, and the remainder was set at KRW 160 million, and the contract deposit was paid at the time of conclusion of the contract at least 95% by the owner in the business site. However, if the contract deposit is not paid within one year from the contract date due to a special agreement, the contract becomes effective automatically unless the contract deposit is paid within one year from the contract date, but if there is a separate agreement between the parties, the contract shall be null and void automatically. (ii) On June 22, 2017, the intervenor prepared a “written confirmation of changes in the agreement on real estate sale and purchase,” and changed the payment date of the remainder into “within one year from the contract payment date” and changed into “the automatic cancellation of the contract when the contract was concluded at least 95%”.

B. On May 24, 2018, the Plaintiff entered into a sales contract with D, a real estate real estate agent entrusted by the Defendant, and with respect to the apartment of this case, KRW 30 million, and the down payment of KRW 30 million on the date of the contract, the intermediate payment of KRW 30 million on May 28, 2018, and the remainder of KRW 240 million on May 28, 2018 (excluding the remainder of KRW 130 million, excluding the rental deposit that the Plaintiff succeeds to, among them, KRW 110 million), with which the Plaintiff shall pay KRW 130 million on June 18, 2018 (hereinafter “instant sales contract”).

C. On May 25, 2018, the Intervenor intended to pay the down payment to the Defendant, but the Defendant’s account specified in the first contract is closed, and thus, the down payment was not paid on the same day, and deposited into another account of the Defendant on the following day.

On May 25, 2018, the Plaintiff paid down payment after paying the down payment.