The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On July 13, 2017, the Plaintiff entered into a contract with the Defendant C Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”), the agent of Defendant B’s clan (hereinafter referred to as “Defendant clan”), under which KRW 271 square meters (hereinafter referred to as “instant land”) out of KRW 117 square meters among KRW 3,289 square meters and KRW 70,289 square meters before E, E, and KRW 1,470,000,000 (hereinafter referred to as “instant land”) from the Defendant clan, specifying the down payment of KRW 30 million (date of payment, July 13, 2017), the intermediate payment of KRW 30,000 (payment date, August 16, 2017), the remainder of KRW 8,860,000,000 (hereinafter referred to as “the instant contract”).

B. On July 13, 2017, the Plaintiff paid KRW 30 million to the Defendant clan through the Defendant Company as a down payment under the instant contract.

C. The Plaintiff failed to pay KRW 30 million to the Defendant clan by August 16, 2017, which was the date of the intermediate payment payment of the instant contract.

Accordingly, on August 21, 2017, the Plaintiff and the Defendant Company drafted a written confirmation stating that “The Plaintiff would cancel the instant agreement while paying KRW 30 million to the Defendant clan by August 22, 2017, but Defendant clan would pay KRW 60 million in total the Plaintiff’s down payment and intermediate payment to the new buyer after resale of the instant land and completing sale (hereinafter “instant confirmation”).

Accordingly, on August 22, 2017, the Plaintiff paid KRW 30 million to the Defendant clan through the Defendant Company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. According to the Plaintiff’s written confirmation of this case, the Plaintiff’s claim to return the down payment and intermediate payment of KRW 60 million against the Defendants is a condition precedent on the completion of the re-sale of the instant land by Defendant clan. The Defendants intentionally interfered with the fulfillment of the conditions, such as not making efforts to establish a stable even though they could sell the instant land, etc., by failing to do so.