The plaintiff's primary claim and the conjunctive claim are all dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On June 3, 2015, the Defendant concluded a sales contract for the apartment buildings listed in the attached Table (hereinafter “instant apartment buildings”) with the Gyeonggi-do Si Corporation (hereinafter “instant apartment buildings”) (hereinafter “instant sales contract”).

B. On March 19, 2016, the Plaintiff purchased the sales right of the instant apartment from the Defendant in KRW 59,938,200.

(hereinafter “instant resale contract”). At the time of the said resale contract, the Plaintiff and the Defendant entered into a special agreement as follows:

The buyer pays the down payment of KRW 31,509,00 of the parcelling-out price of KRW 31,509,000 of the parcelling-out price, and KRW 7,146,146,200 of the balcony expansion price of KRW 1,429,200 of the down payment, and the seller pays KRW 27,00,000 of the parcelling-out premium of KRW 31,50,000,000,

(c) Taxes and public charges, such as interest on part payments, registration tax, transfer income tax, shall be borne by the purchaser;

C. The Defendant received an intermediate payment loan for the instant apartment, and the Plaintiff shared the interest on the loan by April 2018.

The remaining payment date of the instant apartment was January 1, 2018. However, the Defendant paid the remainder of KRW 19,527,00, the remainder of the balcony expansion cost, KRW 5,716,800, the Housing and Urban Fund Act, KRW 75 million, and repaid the intermediate payment loan, and completed the registration of ownership transfer in the name of the Defendant on June 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 2, 4, and 5 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. In order to perform the obligation to change the name of the apartment sale right of this case to the Plaintiff, the Defendant paid the intermediate payment loan under the name of the Defendant and paid the balance of the sale price, and completed the registration of ownership transfer in the future and bears the obligation to register ownership transfer to the Plaintiff, and the said obligation constitutes the obligation to pay the purchase price more preferentially than the Plaintiff’