A. The Plaintiff (the first trade name was “Haland Real Estate Co., Ltd.,” and on March 25, 2016, changed its trade name to “One-Day Real Estate Co., Ltd.,” and changed to the current trade name on April 18, 2016) is a corporation established on January 12, 2016 for the purpose of housing sales business, etc.

B. On March 16, 2016, the Plaintiff concluded a sales contract with the Defendant and Jeju-si purchase price of KRW 590,015 square meters of B forest land in KRW 1.966 million (hereinafter “instant sales contract”). On the same day, the Plaintiff wired KRW 200 million to the account of the Defendant’s community credit cooperatives (Account Number: C) and paid the down payment.

[Sale Price] 200 million won of down payment: The balance of payment at the time of a contract: 1.7 billion won: the payment on October 1, 2016 [matters of a special agreement] the intermediate payment and the remainder payment are paid in an amount equivalent to the cost of cancellation of the part of a mortgage at the time of installment sale, and the seller at the time of cancellation of the mortgage shall issue

C. On April 29, 2016, the value of B forest No. 59,015 square meters in Jeju-si was divided into each land indicated in the separate sheet (hereinafter “each land of this case”). D.

On May 10, 2016, the Plaintiff transferred KRW 200 million to the Jeju Bank Account (Account Number: D) in the name of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply) to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was received KRW 200 million from the Plaintiff on May 10, 2016, and at the same time, the remainder of KRW 1.56 billion is paid, and at the same time, the Plaintiff is obligated to complete the procedure for the registration of ownership transfer of each of the instant land.

B. The Defendant’s argument in the instant sales contract specifys the Defendant’s account to which the Plaintiff would deposit the purchase price as a community credit cooperative account. The Jeju bank account that the Plaintiff transferred KRW 200 million on May 10, 2016 was opened in the name of the Defendant to E who introduced the Plaintiff, and thus, the Plaintiff cannot be deemed to have paid the intermediate payment.

Therefore, this is applicable.