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1. The plaintiff's appeal is dismissed.
2. On the basis of the second preliminary claim added at the trial, the defendant 60. 60.
Reasons
1. Basic facts
A. On October 7, 2009, the Defendant and C Co., Ltd. (1) entered into an exchange contract between the Defendant and C, and the agreement between the Plaintiff and C on the acquisition of the sale right between the Plaintiff and C (hereinafter “C”) with the content that the Defendant consents to the disposal of the said apartment purchase right under the said exchange contract in the name of L, the representative director of C, under the said exchange contract, on the same day, at each share of two weeks, purchased and held the instant land (hereinafter “instant land”).
(2) On February 11, 2010, the Plaintiff entered into a contract with a licensed real estate agent office located in Young-gu, Suwon-gu, a broker assistant to take over the sales right for the above K apartment Nos. 114 and 904 (hereinafter “instant apartment”) (hereinafter “instant sales right acquisition contract”), and around that time, paid to the Defendant the sum of KRW 30 million as the down payment, KRW 45 million as the down payment, KRW 75 million as the interior construction cost, and KRW 75 million as the down payment for the instant exchange contract. The Defendant did not pay the said KRW 75 million to C, and treated it as receiving KRW 75 million from C as the down payment for the instant exchange contract.
(3) After November 30, 2010, the registration of ownership transfer was completed on December 3, 2010 from Sejong Chang-ju Co., Ltd. on the apartment of this case from November 30, 2010.
B. (1) On June 17, 201, C decided to purchase the project right to newly construct a neighboring urban residential house (hereinafter “instant project right”) to be constructed on the instant land and its ground from the Defendant from the Defendant on a total of KRW 2.7 billion (i.e., the land price of KRW 2.4 billion), and the payment method for the said purchase; and (ii) the down payment amount of KRW 90 million is paid when a provisional registration is made in the name of C with respect to the instant land.