From January 15, 2004, the Plaintiff is engaged in the automobile part maintenance business (which refers to the manufacturing and repair store among Class II neighborhood living facilities, not the maintenance factory, among automobile-related facilities under the Building Act) under the trade name “D Automobile Industrial Complex” in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

B. On December 1, 2014, the Plaintiff, under the brokerage of a licensed real estate agent E, purchases housing and above-ground housing (hereinafter “instant real estate”) owned by the Defendant as KRW 450 million,000,000,000,000,000,000 from the Defendant, under the brokerage of a licensed real estate agent E., and the intermediate payment of KRW 45 million is paid at the time of the contract, and the intermediate payment of KRW 25 million is paid at the time of the contract, and the remainder of KRW 200,000,000,000,000 won

2.5. Each payment shall be made in 5. The other party shall be notified in writing to the person who has failed to perform the obligation under this contract and the other party may cancel the contract. The other party may claim damages arising from the cancellation of the contract to the other party, respectively. In the absence of any separate agreement, a sales contract was made to the effect that the damages shall be considered as the basis for damages, and the same day paid KRW 45 million to the defendant as the down payment.

(hereinafter “instant sales contract”). C.

The Plaintiff filed the instant lawsuit seeking the return of the down payment on January 8, 2015, on the ground that the instant real estate was designated as a Class I district unit planning zone and as a housing redevelopment area, the Plaintiff could not engage in the automobile repair business (ka Center) in the instant real estate.

The Defendant filed the instant lawsuit without paying an intermediate payment even on the payment date of the intermediate payment, and on January 30, 2015, to the Plaintiff on February 30, 2015.