1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant set the desired sale price at KRW 680,00,000 on E-real estate (F) owned by Songpa-gu Seoul apartment D (hereinafter “instant apartment”) as owned by the Defendant, with the desired sale price at KRW 680,00.

B. On February 8, 2018, the Plaintiff expressed to F the intent to purchase the instant apartment.

Accordingly, F requested that the Defendant’s wife communicate the Plaintiff’s intent to purchase and inform the Defendant’s account number.

The defendant's wife informed F of the defendant's account number.

C. At around 11:16 on the same day, the Plaintiff deposited KRW 30,000,000 to the Defendant’s account.

On February 9, 2018, the following day, the Defendant concluded that the Plaintiff would not enter into the instant apartment sales contract.

E. The Defendant returned KRW 30,000,000 to the Plaintiff’s account after Tlocking.

[Reasons for Recognition] Facts without dispute, Gap 1-3, 6 evidence, Eul 1, the purport of the whole pleadings

2. Determination as to the claim

A. Plaintiff’s assertion 1) On February 8, 2018, the Plaintiff concluded a sales contract with the Defendant to purchase the instant apartment at KRW 680,00,000 with F as a broker, and paid KRW 30,000,000, which is a part of the down payment of KRW 68,000,000. However, on February 9, 2018, the contract was to prepare the remainder down payment of KRW 38,00,000,000. However, the Defendant received the down payment and unilaterally revoked the instant sales contract, and the Defendant was obligated to pay the Plaintiff KRW 136,00,000, which is an amount equal to the down payment following the cancellation of the sales contract. However, the Defendant already returned the down payment of KRW 30,000,000, which is an amount equal to the down payment following the cancellation of the sales contract.

B. The following circumstances recognized based on the evidence and factual relations as seen earlier, that is, the sales contract for the apartment of this case has not been prepared, and the Defendant expressed its intent not to conclude the sales contract to the Plaintiff.