1. The defendant's procedure is to change the name of the seller as to the right to sell the attached list to the plaintiff.

1. Basic facts

A. As to the apartment sale business executed by C Co., Ltd. (hereinafter “C”), the Defendant won the sales right listed in the separate sheet (hereinafter “instant sales right”), and entered into an apartment supply contract on August 12, 2016 with respect to the apartment building subject to the instant sales right (hereinafter “instant real estate”), and a management agreement with the system on November 8 of the same year.

The defendant paid 4,770,000 won to C in accordance with the above apartment supply contract.

B. Pursuant to Article 41-2 of the former Housing Act (amended by Act No. 1434, Jun. 3, 2017; hereinafter “former Housing Act”), the Plaintiff paid to the Defendant KRW 10 million out of the premium of this case on August 8, 2016, if the period of prohibition of resale of the instant sales right expires, while purchasing the instant sales right, and the period of prohibition of resale of the instant sales right has expired, the Plaintiff would have the buyer transfer the ownership of the instant sales right (hereinafter “instant resale contract”), and the Plaintiff paid KRW 10 million out of the premium of this case to the Defendant on August 8, 2016.

C. On August 11, 2016, the Plaintiff deposited KRW 80 million from the Plaintiff’s bank account as a check, and paid it to Nonparty E of the real estate real estate agent who mediated the resale contract of this case, the Plaintiff demanded to deliver to the Defendant the remainder, excluding KRW 3 million of the real estate brokerage commission, out of the said money.

E delivered to the Defendant the remainder of KRW 7 million, excluding KRW 3 million among the above KRW 80 million. D.

At present, the period of prohibition of resale of the sales right of this case has been limited.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 17, witness F's testimony, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the premium of the resale contract of this case was KRW 41 million. The Plaintiff’s assertion that the amount of KRW 77 million delivered by E to the Defendant includes KRW 31 million unpaid premium of the resale contract of this case.

The plaintiff.