1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On July 22, 2017, the Plaintiff transferred KRW 30 million to the Defendant’s agricultural bank account.

C. After that, the Plaintiff asserted that the sales contract was concluded on the instant real estate, and the Defendant asserted that the sales contract was not concluded.

On August 28, 2017, the Defendant deposited KRW 30 million, which the Plaintiff was transferred from the Plaintiff as the principal deposit.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5 (including additional number), Eul evidence 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff, via C Licensed Real Estate Agent Office, expressed his/her intent to purchase the instant real estate in KRW 390 million, and confirmed his/her intention to sell the instant real estate in contact with the Defendant by the competent licensed real estate agent, the Defendant would sell the instant real estate in KRW 390 million, and notified his/her account number to the licensed real estate agent. On July 22, 2017, the Plaintiff concluded a sales contract with the Plaintiff and the Defendant regarding the instant real estate by remitting KRW 30 million to the Defendant’s agricultural account.

However, the defendant unilaterally reversed the above sales contract and clearly expresses his intention of refusal of performance. The plaintiff cancels the above sales contract on the ground of the defendant's refusal of performance.

Therefore, the above sales contract was rescinded due to the reasons attributable to the defendant.

Accordingly, the defendant shall be liable to compensate for damages suffered by the plaintiff.

Optionally, the Plaintiff and the Defendant did not conclude a sales contract on the instant real estate.

Even if the defendant was paid KRW 30 million from the plaintiff in relation to the sale and purchase of the pertinent real estate, the defendant's refusal to enter into a sales contract without any justifiable reason is a tort due to the wrongful termination of contract negotiations.