1. The plaintiff's claim is dismissed.

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

Basic Facts

On June 23, 2016, the Plaintiff entered into a contract with the Defendant to purchase the commercial building No. 23 of Eunpyeong-gu Seoul (hereinafter “instant commercial building”) of the first floor No. 23 (hereinafter “instant commercial building”) at KRW 2,305,578,000 (hereinafter “instant sales contract”), and paid KRW 230,557,80 to the Defendant as the down payment on the same day.

On September 6, 2016, the Defendant leased approximately KRW 64.46 square meters (19.5 square meters) among the instant commercial buildings to C by setting the lease period to KRW 60 months after one month after the completion of the said commercial building, the deposit amount to KRW 10 million, and the rent amount to KRW 6.5 million per month.

On September 22, 2016, the Plaintiff leased the instant commercial building to the Defendant without the Plaintiff’s consent, and unlike the Defendant’s promise, the amount of money available for loans from financial institutions as security is more than one billion won, and thus, the Plaintiff sent a content-certified mail that cancels the instant sales contract. The document reached the Defendant around that time.

[Ground of recognition] The plaintiff cancelled the sales contract of this case and sought the return of the down payment already paid, for the following reasons, as the plaintiff alleged in the facts without dispute, Eul evidence 1 through Eul evidence 3 (including each number in case of serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

As the Defendant sold the instant commercial building to the Plaintiff, even though it had the duty to transfer the full ownership of the said commercial building to the Plaintiff, it had already leased it to another person before concluding the said sales contract and thus, it became impossible for the Plaintiff to use and benefit therefrom.

When entering into the above sales contract, the defendant agreed to arrange the plaintiff to get a loan of at least 1.6 billion won from financial institutions, but did not perform this.

The defendant has not acquired the ownership of the commercial building site of this case until now.