1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 24, 2013, C purchased 3,974 square meters of G forest land and three parcels, other than 1,050,000,000 square meters, from the Defendant who represented D, E, and F, and paid 50,000,000 won for the same day as the down payment. However, C and the Defendant agreed to cancel the above sales contract.

(hereinafter referred to as the “instant sales contract”) B.

On February 12, 2014, the Plaintiff, as a broker of the Defendant, sold I and six parcels of land for KRW 1.3 billion to H, Chungcheongnam-si, and 1.3 billion.

(hereinafter “instant sales contract”). During the instant sales contract process, C, the actual owner of H, and the Plaintiff and the Defendant agreed to the effect that “The Defendant is obligated to pay KRW 50,000 to C the down payment indicated in the instant sales contract according to the rescission of the instant sales contract, and C is obligated to pay the down payment to the Plaintiff in accordance with the instant sales contract, so the Defendant is obligated to pay KRW 5,000,000 to the Plaintiff.”

(hereinafter “Agreement on the Payment of Contract Deposit of this case”). 【No dispute exists concerning the payment of Contract Deposit of this case’s case’s ground for recognition / [this ground for recognition], entry of evidence Nos. 1 and 2, witness C’

2. The gist of the Plaintiff’s assertion was that the Defendant demanded the Plaintiff to pay KRW 50 million under the pretext of the brokerage commission for the instant sales contract.

Accordingly, the Plaintiff treated the down payment to H, a buyer of the instant sales contract, as receiving the down payment, and paid KRW 50,000,000, which was paid from the Defendant pursuant to the agreement on the payment of the down payment.

However, since H terminated the instant sales contract, the Defendant is obligated to return KRW 50,000,000 paid to the Plaintiff as a brokerage commission.

3. Determination

(a) The following facts, which are acknowledged by comprehensively considering the following facts, as follows, written evidence Nos. 4, Eul evidence Nos. 2 and 4 (including Serial numbers; hereinafter the same shall apply) and the testimony of the witness C, as a whole: