1. The contract deposit between the Plaintiff and the Defendant against the Defendant pursuant to the real estate sales contract concluded on October 15, 2014 is 48,000.

1. Grounds for claiming the plaintiff

A. The Plaintiff, on behalf of his father B, is the owner of the apartment No. 101-1904 (hereinafter “instant apartment”).

(B) Around October 15, 2014, the Defendant sold KRW 480,000,000 to the Defendant and received KRW 48 million as the down payment from October 22, 2014 to November 26, 2014 as B’s financial account.

B. After that, the Defendant failed to perform obligations under the above apartment sales contract, such as preparing a sales contract for real estate related to the above apartment, or not succeeding to the secured loan, and the Plaintiff rescinded the above apartment sales contract due to the delay of the Defendant’s performance.

C. Nevertheless, the defendant asserts that the contract deposit of KRW 48 million has been acquired by fraud against the plaintiff while disputing whether the above apartment sales contract was cancelled and the existence of the obligation to return the down payment.

The apartment sales contract of this case was cancelled according to the defendant's default of obligation and the plaintiff's declaration of cancellation representing the seller, and the down payment was confiscated as cancellation money. Thus, the plaintiff's obligation to return the down payment to the defendant does not exist, and the plaintiff has a benefit to seek confirmation of the absence of the down payment repayment obligation.

2. According to the Defendant’s reply to the cause of the claim, the Defendant filed a complaint against the Plaintiff on the charge of fraud, asserting that ① the Defendant’s payment of KRW 48 million to the Plaintiff via B financial account in six times each week from October 15, 2014 to November 26, 2014 was the money paid in relation to the instant apartment sales, and ② the Defendant filed a complaint against the Plaintiff on the charge of fraud, asserting that the Plaintiff was obtained by deception from the Defendant, not the down payment under the apartment sales contract, but the down payment under the apartment sales contract, but the purchase price for the instant apartment, but there is no evidence to prove the allegation, ③ On the other hand, the Plaintiff from the Defendant (Housing).