The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne individually by each person.

1. Basic facts

A. On May 2019, the Defendant requested the instant apartment sales brokerage to the “D Licensed Real Estate Agent Office” located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul to the owner of the instant apartment.

B. On November 12, 2019, the Plaintiff agreed to the effect that “the price shall be KRW 449 million, the down payment shall be KRW 100 million, and the remainder shall be paid during February 2020, and the sales contract shall be KRW 11:00 on November 16, 2019,” with regard to the sales of the instant apartment as a broker of the said Licensed Real Estate Agent’s Office E, and then remitted KRW 10 million to the Defendant.

C. On November 14, 2019, the Defendant notified the Plaintiff that a licensed real estate agent E did not intend to sell the instant apartment.

On November 16, 2019, the Plaintiff visited the said licensed real estate agent's office by bringing the remainder down payment of KRW 34.9 million, and the Defendant did not go to the said brokerage agent's office.

E. On November 19, 2019, the Plaintiff deposited KRW 34.9 million with the Defendant as the principal of the deposited money under the 35.19 gold 3519, 2019.

F. Accordingly, on December 3, 2019, the Defendant deposited KRW 10,000,000 as deposit money and KRW 28,767,000,000 as the sum of KRW 10,028,767 as well as its delay damages with the Plaintiff as the deposit money in 2019.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, 9, Eul's 1, witness E's testimony, the whole purport of pleading

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion and the Defendant reached an agreement on the important part relating to the sale and purchase on November 12, 2019, thereby establishing a sales contract for the instant apartment. Since the Plaintiff paid or deposited down payment of KRW 44.9 million, the Defendant is obliged to pay the remainder of KRW 4.1 million from the Plaintiff (i.e., KRW 449 million - KRW 44.9 million) to the Plaintiff at the same time on the ground of the sales contract dated November 12, 2019.

(b).