1. The plaintiff's claim is dismissed.

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

1. On December 30, 2009, the Defendant completed the registration of ownership transfer based on the sale on November 30, 2009 as to D forest land 30,843 square meters (hereinafter “instant land”).

On January 19, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase the instant land at KRW 350,000,000 (the contract amounting to KRW 35,000,000) (the intermediate payment of KRW 100,000 on March 10, 2010, and the intermediate payment of KRW 215,000,000 on April 20, 201).

The Plaintiff and the Defendant agreed in the instant sales contract that “In the event of failure to pay the advance payment, the contract shall be terminated without legal notification.”

On March 10, 2010, B, the Plaintiff’s agent, paid KRW 20,00,000 as part of the intermediate payment, and paid KRW 295,00,000,000 in total, including the remainder of KRW 80,00,000 in the intermediate payment, and the remainder of KRW 215,00,000,00 in the intermediate payment, until April 12, 2010, and given up all the amount paid between the nonperformance.

On the same day, the Plaintiff deleted the content that the Defendant would pay KRW 20,000,000 as part of the intermediate payment among the content of the above promise, and confirmed that the Plaintiff would pay KRW 315,00,000 in total in the intermediate payment and the remainder on April 12, 2010.

On March 10, 2010, the Defendant received registration tax on the instant land, acquisition tax of KRW 15,000,000, from the Plaintiff. The Defendant drafted and issued a receipt (A2) of the content that “The Plaintiff received.”

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, Eul 1, 2, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff purchased the instant land and intended to establish a sanatorium for senior citizens. However, without any cause attributable to the Plaintiff, the Plaintiff did not obtain permission. Therefore, the Defendant shall return the down payment of KRW 35,00,000 to the Plaintiff. 2) The Plaintiff claiming the return of the down payment from the Defendant.