1. All of the plaintiff's claims are dismissed.

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

1. Indication of the Facts of the premise: The instant housing deposit amount: 275,00,000 won: (a) the special agreement was entered into between March 14, 2015 and March 14, 2017; and (b) this agreement was concluded again between the Plaintiff and the Plaintiff on March 9, 2015 with the following terms and conditions as to the instant housing (hereinafter referred to as the “instant agreement”) that the lessor would pay the director’s expense (e.g., the intermediary fee) to the lessee in the event of the transfer of ownership due to the sale during the term of the initial contract (e., March 14, 2013).

On May 15, 2015, the Plaintiff sold the instant housing in KRW 505,00,000 to C, and received KRW 50,000,00 as down payment from C.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The Plaintiff’s assertion clause 2 of the instant contract stipulates that “the Plaintiff sells the instant house to a third party,” or set the termination date of the instant contract as “the time when the Plaintiff sells the instant house to a third party.” Therefore, the instant contract was terminated by the Plaintiff selling the instant house to C. Nevertheless, the Defendant refused to deliver the instant house, thereby causing damage to C to the Plaintiff due to the nonperformance of the contract.

Accordingly, the Plaintiff seeks against the Defendant: (a) compensation for the damages incurred by the Plaintiff due to the Defendant’s nonperformance of the Defendant’s duty to deliver the instant house; and (b) to deliver the instant house to the Plaintiff simultaneously with receiving a lease deposit from the Plaintiff.

3. Determination

A. According to the premise facts, the Plaintiff and the Defendant set the termination date of the instant contract as March 14, 2017, and stipulated the instant contract’s special agreement.