2. The costs of lawsuit shall be borne by the Plaintiff.

A. On February 15, 2016, the Defendant entered into a sales contract between the Defendant and C, under the brokerage of Licensed Real Estate Agent D, with respect to the first floor of the Mapo-gu Seoul Metropolitan Government E Multi-household Housing No. 101 (hereinafter “instant housing”), KRW 400 million, the down payment of KRW 40 million, the intermediate payment of KRW 190 million (payment until March 9, 2016), and the remainder of KRW 170,00 million (payment until May 20, 2016), and paid KRW 230,000,000,000 in total, to C by March 9, 2016.

B. On May 11, 2016, a sales contract between the Plaintiff and the Defendant, which was difficult to prepare the remainder, is to resell the instant housing, and also a sales contract between the Plaintiff and the Defendant for the purchase price of KRW 425 million, down payment of KRW 50 million, and down payment of KRW 375 million (payment on July 29, 2016) with respect to the instant housing (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the contract, since the owner was C on the registry of the instant house, the sales contract signed and sealed C in the name of the seller, and instead of paying the down payment to C, the Plaintiff paid C the remainder to C.

3) On May 20, 2016, the Defendant paid a balance remaining after deducting the above 50 million won to C on May 20, 2016, and completed the registration of ownership transfer in the future of the Defendant.

2. The assertion and judgment

A. The Plaintiff asserted that at the time of the instant sale, the Defendant was entitled to permit the change of the use of the instant house to a commercial building, and concluded a sales contract to use it as a commercial building, but it is impossible to permit the change of the use of the commercial building. Thus, since the instant sales contract was cancelled or cancelled due to the impossibility of accomplishing the objective or the mistake of motive, the Defendant’s down payment of KRW 50 million and its delay damages paid by the Plaintiff