1. The plaintiff's claim is dismissed.

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

Basic Facts

The Defendant is a person who was the owner of the land of this case 506 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant forest”), and the Plaintiff is the purchaser of the instant forest.

D The Plaintiff’s agent E and the instant forest land in place of the Defendant shall be sold in KRW 120,00,000 on behalf of the Defendant, and the reported amount shall be KRW 70,000,000, and the difference shall be KRW 50,000,000 in cash. The Plaintiff’s agent E and the instant forest land shall be paid in accordance with the said agreement. On May 31, 2016, a sales contract with KRW 70,00,000 (hereinafter “instant contract”).

The Plaintiff paid D the down payment of KRW 10,000,000 to D around June 1, 2016, and D paid KRW 10,000,000 to the Defendant around June 1, 2016.

On June 8, 2016, the Defendant completed the registration of ownership transfer for the instant real estate to F on June 7, 2016.

On July 11, 2016, the Defendant paid KRW 10 million to D, and D paid KRW 10,000,000 to the Defendant on July 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 (including a serial number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 6, the assertion of the purport of the whole pleadings, and the purchase and sale contract concerning the forest of this case asserted by the plaintiff as to the plaintiff's assertion was lawfully concluded between E and the defendant's representative.

The defendant unilaterally notified the plaintiff that the contract was terminated. Article 5 of the contract of this case states that the seller may repay the intermediate payment to the seller and rescind the contract until the buyer pays the intermediate payment to the seller. Thus, the defendant is liable to pay the plaintiff KRW 20,000,000, which is a double of the down payment.

The defendant's assertion did not grant D the right to sell the forest of this case by preparing the so-called contract of this case, which is a multi-purpose contract, and this is DNA power of attorney.