1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 9, 2013, the Plaintiff concluded a sales contract with the Defendant, the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”).

B. The total price of the instant sales contract is KRW 150,00,000, and the down payment is KRW 15,000,000 on the date of the contract, the intermediate payment of KRW 65,000,000 on October 8, 2013, and the intermediate payment of KRW 70,000,000 was agreed to pay each other on November 27, 2013. The Plaintiff wired the Defendant’s post office account to KRW 15,00,000 on the date of the contract.

C. On September 30, 2013, the date of the agreed payment, the Plaintiff attempted to transfer part of the intermediate payment to the Defendant as part of the intermediate payment, but the Defendant was treated as impossible to deposit by setting the said post office account suspended.

On October 1, 2013, the Defendant deposited KRW 30,000,000, which is a double of the down payment, with the Plaintiff as the principal deposit.

E. On October 8, 2013, the Plaintiff deposited the Defendant as the principal deposit, with the intermediate payment of KRW 65,000,000, and the remainder of KRW 70,000,000 on November 27, 2013, respectively.

[Ground of recognition] Facts without dispute, Gap 1-5, 10 evidence, Eul 4 (including additional number), the purport of the whole pleadings

2. The parties' assertion

A. As long as the Plaintiff paid the intermediate payment of the instant sales contract, the Defendant cannot unilaterally rescind the contract, and as such, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the sale of the instant real estate to the Plaintiff.

B. On September 26, 2013 and September 27, 2013, the instant sales contract was lawfully rescinded on the following grounds: (a) the Defendant expressed his/her intent to cancel the contract to the Plaintiff by text message on September 28, 2013; and (b) on October 1, 2013, deposited KRW 30,000,000, which is a double of the down payment.

3. Determination

A. The seller of the relevant legal doctrine intends to refund the amount of the down payment and cancel the contract in accordance with Article 565 of the Civil Act.