The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

The fact that the Plaintiff, on September 29, 2006, sold the sales price of KRW 3,779,160,000 to the Defendant on 7 underground floors, officetels of 36 stories above ground, and officetels of 36 stories above ground and neighborhood living facilities (C) and paid the down payment of KRW 377,916,00 to the Defendant on the same day is not a dispute between the parties.

The plaintiff asserts that the above contract deposit is to be returned to the plaintiff. According to the evidence Nos. 3-1, 2, 7, 9, 10, 11, and evidence Nos. 12-1 and 2 of the above contract No. 3601 and 109, the plaintiff did not pay only the contract deposit for the same commercial building sold at a time similar to the above 3601 and 109, and the above contract deposit was returned to the plaintiff on February 12, 2010, and the defendant did not return the above contract deposit to the plaintiff 10-1, 30-1, 10-1, 10-1, 30-1, 10-1, 40-1, 10-1, 10-2, 30-1, 10-1, 10-2, 10-3, 201, 10-4, 10-16, 2010