1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) promoted a housing construction project (hereinafter “instant project”) on a lot of land in Ulsan-gu, Ulsan-gu D, a company running real estate sales business, etc.

B. On November 10, 2006, C entered into a sales contract (hereinafter “instant sales contract”; on November 12, 2007, between the Defendant and the Defendant, with respect to the 338.3 square meters (hereinafter “instant real estate”) of Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, and the 338.3 square meters (hereinafter “F-170.3 square meters was divided on November 20, 2015; hereinafter “the instant real estate”). On January 12, 2007, C transferred KRW 55,000,000 to the Defendant.

On December 20, 2006, the sum of the purchase and sale proceeds of real estate sales contract amounting to KRW 550,000,000 ( KRW 55,000), the remainder of KRW 10,000,000 ( KRW 90%) deposit ( KRW 55,00,000) and KRW 90,000,000 ( KRW 495,000): The buyer shall pay the purchase and sale proceeds to the seller by the following means of payment:

Article 3:The seller shall provide the buyer with all the documents necessary for ownership transfer simultaneously with the receipt of the balance, and also specify the real estate.

Article 7:In case the seller has accepted this contract, he shall pay twice the amount received as the down payment to the buyer, and in case the buyer has accepted it, the down payment shall be null and void, and the seller shall be reverted to the seller

However, this contract takes effect at the same time as the down payment is deposited in the account of the seller.

Seller: Defendant and buyer: C and one other

C. C and the Defendant changed the remainder date of the instant sales contract to “ March 2, 2007” on or around January 18, 2007, and stipulated that “The down payment that was paid in C before the said date is attributed to the seller if the remainder is not paid on or before the said payment date ( March 2, 2007)” in the column for the special terms and conditions of the instant sales contract.