1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 16, 2016, the Plaintiff entered into a sales contract with the Defendant on the following terms: (a) purchased real estate listed in the separate sheet (hereinafter “instant apartment”) in the purchase price of KRW 520 million; and (b) paid the purchase price by March 16, 2016.

(hereinafter “instant sales contract”). B.

On October 14, 2016, the Defendant notified the Plaintiff of the cancellation of the instant sales contract on the ground that the purchase price was not paid.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3 through 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff asserted that since the defendant and C jointly purchased the apartment in this case under the name of the defendant, and C would pay the defendant the amount of KRW 13 million to the defendant and the defendant would transfer his title to the plaintiff, the defendant should implement the procedure for the registration of ownership transfer of the apartment in this case. If it is impossible to implement the procedure, the defendant should pay to the plaintiff KRW 18 million after deducting the total amount of the value of the apartment in this case's appraisal value of KRW 550 million from the total amount of the collateral and the deposit amount of KRW 437 million from the total amount of the collateral and the deposit amount.

B. The following facts are acknowledged according to the evidence mentioned above and the statements mentioned in Gap 2, 3, Eul 1 and 2:

On April 15, 2011, the Defendant and C entered into a contract with the Defendant to transfer the registration name to C, by investing 50% of the instant apartment, and jointly purchasing it. On November 16, 2015, C paid KRW 13 million to the Defendant (the remaining KRW 10.7 million shall be paid by the same day, and the remaining KRW 2.3 million shall be paid by December 31, 2015)

(hereinafter “instant contract for the transfer of title.” On the same day, C paid KRW 10,70,000 to the Defendant under the said contract, however, the Plaintiff asserted that he/she paid KRW 10,77 million to the Defendant, not C, but the Plaintiff’s statement of KRW 2,00,00,000 to the Defendant. However, it is recognized by only