1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

1. Basic facts

A. Nonparty C won the sales right (hereinafter “instant apartment”). Before entering into the sales contract with D and E, Nonparty C sold the said sales right at KRW 4.5 million, so-called so-called “the sales right” to the Defendant as a broker of E prior to entering into the sales contract with D and the apartment.

B. On July 1, 2010, the Plaintiff purchased the instant sales right at KRW 13 million, and the receipt that the Plaintiff purchased and received is written by the issuer F and the Korean Licensed Real Estate Agent Association G.

C. From July 12, 2010 to July 14, 2010, the time period during which the winner of the instant right to sell in lots has to enter into a contract with D, and the defendant and the non-party H bear half of the down payment of KRW 15 million each, and concluded the apartment sales contract with D, and the non-party I transferred his status to Non-party I on July 21, 2010, and filed a report on the real estate transaction contract with the effect that he sells the said right to sell in the name of the first winner to the Busan Maritime Transportation Office.

【Ground of recognition】 Evidence Nos. 1 and 3, Evidence No. 4-1, and Evidence No. 9, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff asserted the cancellation of the contract that the Plaintiff purchased the instant sales right from the Defendant, and the Defendant voluntarily concluded the sales contract with D on the basis of the said sales right and sold it again to I, and thus, it was impossible to perform the obligation to transfer the sales right pursuant to the said sales contract. As such, the Defendant cancelled the said sales contract and claimed restitution of KRW 13 million for restitution following the cancellation of the sales right, the Defendant asserted that the Plaintiff only sold the instant sales right to Nonparty J after the purchase of the instant sales right and did not sell the said sales right to the Plaintiff.

The plaintiff purchased the sales right of this case only with the evidence submitted by the plaintiff.