1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 21, 2015, the Plaintiff lent KRW 6,000,000 to B, KRW 32,000,000 on September 22, 2015, and KRW 43,000 on October 8, 2015, respectively, and sold KRW 2,000,000 on September 2015.

B. B around January 2016, the Plaintiff entered into a sales contract with respect to D Apartment 1 through 3 complexes (hereinafter “instant apartment complex”) with the population of the wife at the time of tolerance-si as an agent for sale by the Plaintiff (hereinafter “C”), and B entered into a sales contract with respect to the instant apartment complex. The Plaintiff is the Plaintiff.

In lieu of paying the borrowed money and the sales amount of KRW 83,00,000 (=6,000,000 won) as KRW 32,000,000,000,000), the Plaintiff said that the Plaintiff would pay the down payment and the intermediate payment out of the sales amount.

C. On January 25, 2016, the Plaintiff and B prepared a sales contract form with the seller, the purchaser, the Plaintiff, and the sales price of KRW 335,00,000, with respect to the buildings listed in the attached real estate list (hereinafter “instant building”) at the office located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant sales contract”).

The instant sales contract states that the Plaintiff paid 33,50,000 won of the down payment on December 23, 2015, and the intermediate payment of 166,50,000,000 won on January 6, 2016 (Article 3(1)), and that the remainder of 135,000,000 won shall not be determined, but the Defendant shall deliver all documents necessary for the transfer of ownership to the instant building as soon as the Plaintiff completed the settlement of accounts (Article 4(1)), and where the Plaintiff exercises its right due to the Defendant’s fault, the Defendant shall return the proceeds received and the penalty equivalent to the down payment to the Plaintiff (Article 8(3)). The Plaintiff’s signature and seal, together with the Defendant’s signature and seal, affixed to C’s representative director E’s seal.

On the other hand, with respect to the building of this case, the Suwon District Court No. 24061, Dec. 3, 2015, received as of December 3, 2015, which caused the trust on December 1, 2015.