1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 17, 2016, the Plaintiff concluded a sales contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant commercial building”) from the Defendant for KRW 400 million under the brokerage of the Defendant, a licensed real estate agent, for KRW 40 million, and the intermediate payment of KRW 100 million on December 17, 2016, and the intermediate payment of KRW 100 million on January 31, 2017 and KRW 260 million on February 28, 2017 (hereinafter “instant sales contract”).

However, the sales contract (Evidence A No. 1-1) entered the purchase price as KRW 450 million, and the down payment as KRW 90 million.

B. On December 17, 2016, the Plaintiff paid the Defendant the down payment of KRW 40 million, and transferred the intermediate payment of KRW 100 million from January 21, 2017 to the Defendant’s account.

C. On the other hand, around February 20, 2017, the Defendant leased the instant commercial building to another person by setting the lease deposit of KRW 30 million, monthly rent of KRW 1.65 million, and the lease term of two years.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 through 4, and 7 evidence (including a provisional number; hereinafter the same shall apply), witness C and E's testimony, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion (1) on April 12, 2017, the Plaintiff is obligated to pay to the Defendant the remainder KRW 230 million, out of KRW 260 million, to the Defendant’s account, and to pay the remainder of KRW 30 million as the above lease deposit for the instant commercial building in lieu of the payment of the purchase price. Since the payment was made in full, the Defendant is obliged to take procedures for the registration of ownership transfer for the instant commercial building and pay KRW 1,650,000, monthly rent received from the lessee of the instant commercial building from May 15, 2017 to the completion date of the registration of ownership transfer.

(2) As the Plaintiff’s summary of the Defendant’s assertion expressed his intent to refuse performance and the Defendant rescinded the instant sales contract on April 5, 2017, the instant sales contract was lawfully rescinded.

This case.