1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

1. Basic facts

A. On May 28, 2014, D entered into a sales contract with the content that D would purchase KRW 3,376 square meters (hereinafter “F land”) prior to the date of racing from E in the amount of KRW 600 million.

B. On July 12, 2014, the Plaintiff prepared a sales contract with the content that he/she purchases KRW 674 square meters of the purchase price of KRW 127 million among the F land owned by E’s agent D and E, and drafted a new sales contract with the content that he/she purchases KRW 112 million of the purchase price on July 14, 2014.

(hereinafter referred to as “instant sales contract”) on July 14, 2014.

On July 14, 2014, the Plaintiff deposited KRW 30 million in total, including KRW 10 million in the first intermediate payment and KRW 20 million in the account under the name of D. D.

The Defendant completed the registration of ownership transfer for F land on August 8, 2014, based on sale and purchase as of June 2, 2014. On January 13, 2015, F land was divided into F land, which was 678 square meters before C (hereinafter “instant land”).

E. On October 20, 2014, the Plaintiff deposited KRW 15 million with the Defendant’s account.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Gap evidence No. 11-2, 13, Eul evidence Nos. 1, 2, and 3, witness D of the court of first instance, witness G of the court of first instance, and the purport of the whole pleadings and arguments

2. After the Plaintiff’s assertion entered into the instant sales contract and paid 30 million won in total with the down payment and the first intermediate payment, the Defendant acquired ownership of F land while succeeding to the instant sales contract entered into between the Plaintiff and E.

Since then, the plaintiff paid 15 million won to the defendant as an intermediate payment group.

However, the instant land, which is the object of sale, was sold by auction, and the Defendant’s obligation to transfer ownership under the instant sales contract was impossible.

Therefore, since the instant sales contract is cancelled, the Defendant is obligated to return to the Plaintiff the sum of KRW 45 million paid as down payment and intermediate payment by restitution.

3. Determination A.