1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 1, 2017, the Plaintiff, the Plaintiff’s spouse C (hereinafter collectively referred to as “Plaintiff”) and the Defendant concluded a sales contract for the sales right with respect to E Apartment F (hereinafter referred to as “instant apartment”) constructed in Yangcheon-gu Seoul Metropolitan Government D, as a broker of Licensed Real Estate Agent G, on August 1, 2017.

(hereinafter “instant contract”). The main contents of the instant contract are as follows:

Total sale amount: 55,300,000 won (25,00,000 won for premiums, 9,300,000 for premiums) - Sale amount: 521,00,000 won (209,333,000 won for premiums paid up to the present time, and the amount to be paid in the future: 31,670,000 won for sale of sale rights (transfer) - Payment for settlement of accounts: 234,30,300 won for loans - Terms and Conditions of succession - Contract down payment of KRW 20,00,000 for loans - Payment of down payment of KRW 58,300,00 for any balance received at the time of a contract - Payment of KRW 58,300,000 for a loan shall be paid on August 18, 2017.

Article 2 Where the seller violates this Agreement, he/she shall compensate for the amount equal to the contract price, and where the buyer violates this Agreement, the full contract deposit shall be deemed the seller.

Matters not stated in this Agreement shall be governed by the relevant laws and general practices.

Matters of special agreement

1. Contract under the condition of the parcelling-out right;

2. The state of paying the down payment and the first, second and third intermediate payments.

3. The total amount of the purchase and sale is the sum of 25,000,000 won in rights and the aggregate of balcony 9,000,000 won (in the status of payment in the contract amount of KRW 10% 930,000).

Plaintiff

The side paid the Defendant the down payment of KRW 20,000,000 on the date of the instant contract.

C. On August 2, 2017, the government announced a plan to stabilize the housing market through the protection of the actual users and the suppression of short-term speculative demand (hereinafter “instant measure”). As the requirements for loans regarding the instant apartment have been strengthened, making it difficult for the Plaintiff to succeed to the intermediate payment of the instant apartment, the Plaintiff’s side is ultimately finding the person to succeed to the instant contract.