1. The plaintiff's claim is dismissed.

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

1. Judgment on the parties' arguments

A. The Plaintiff’s assertion 1) On October 10, 201, the Plaintiff’s agent C and 505-dong 2501 (hereinafter “the instant apartment”).

2) The sales contract for apartment sales (hereinafter “instant sales contract”) to the effect that the sales right for apartment sales is purchased at KRW 56,810,000.

(2) On October 10, 201, the Plaintiff entered into the instant sales contract. On October 10, 201, the Plaintiff received KRW 21,810,000 from the Defendant, and KRW 56,810,000 in cash, including the remainder of KRW 35,00,000, Oct. 15, 201. According to Article 6 of the instant sales contract, the Plaintiff entered into the instant sales contract, stating that “When the seller entered into the instant contract, the seller shall pay the double amount of the down payment to the buyer, and if the buyer entered into the contract, the down payment shall be deemed null and void, and the claim for return shall not be filed.” The Plaintiff received the instant sales contract from the Plaintiff and received the receipts and promissorysory notes from the Defendant to the Defendant in preparation for the event that the Defendant did not perform the instant sales contract, and thus, the Defendant received the instant KRW 76,000,000,000 from the Plaintiff, and thus, was not obligated to pay the Plaintiff’s intermediate payment to the Defendant 600, as the Plaintiff’s.

On October 25, 201, the Defendant borrowed KRW 109,050,00 from Nonghyup to pay the first intermediate payment for the instant apartment, and the remainder payment was difficult, and the Defendant’s right to sell the instant apartment to F on September 1, 2012.