1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 2, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 290,000,000 (hereinafter “instant sales”).

(No. 1). Of the terms of the instant sales contract, the parts relating to the instant case are as follows:

29,000,000 won of down payment, after entering into a contract, the intermediate payment of KRW 120,000,000 shall be KRW 141,00 on October 20, 2018, and the remainder of KRW 141,00,000 on November 15, 2018, the seller shall compensate for the amount equal to the down payment at the time of the seller’s breach of the contract on November 15, 2018, and the buyer shall give up the down payment and not claim the return of the down payment, and all of all of the above-ground facilities and things within the building shall be the removal order of the seller under his/her responsibility.

B. According to the instant sales contract, the Plaintiff paid each of the Defendant the intermediate payment of KRW 120,00,000 on October 2, 2018, and KRW 120,000 on October 19, 2018.

C. On November 5, 2018, the Defendant cancelled the right to collateral security established with respect to the instant real estate, and prepared all documents necessary for the registration of transfer of ownership on November 15, 2018, which was the outstanding payment date, and was waiting at the office of a certified judicial scrivener (Seoul High Military Judicial Consultant D) as the performance place, but the Plaintiff did not pay any balance.

Around November 22, 2018 and December 6, 2018, the Defendant urged the Plaintiff to pay any balance through content-certified mail (Evidence B No. 4 and 5), but the Plaintiff still failed to pay the balance.

E. On December 20, 2018, the Defendant notified the Plaintiff, through the content-certified mail, of the purport that “The instant sales contract is revoked due to the nonperformance of the obligation to pay the remaining amount, and the down payment of KRW 29,000,000 shall be confiscated as penalty, and the intermediate payment of KRW 120,000,000 shall be deposited for repayment” (Evidence 6). Accordingly, on December 26, 2018, the Defendant designated the Plaintiff as the principal deposit and designated the Plaintiff as the Defendant on December 26, 2018, as 429, 120,000,000 won as 120,000 won.