1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a stock company with the purpose of establishing real estate sales and sales business, etc., and is the owner of the Seo-gu Daejeon-gu Daejeon 2, 2796m2 (hereinafter “instant real estate”). The Defendant is a stock company with the purpose of establishing a housing construction business, real estate development business, etc.

B. From January 2015, the Defendant had consulted with the Plaintiff to enter into a sales contract for the instant real estate and business right (right to building permit).

C. On February 22, 2015, C, the person in charge of the above sale, as the Plaintiff, met D, the actual representative of the Defendant, and made 4.5 billion won the entire purchase price of the instant real estate and business rights. Of these, C, the down payment of which is KRW 450 million, intermediate payment of KRW 50 million, and the remainder amount of which is KRW 3.35 billion, shall be determined as KRW 350 million. First, the Defendant paid the Plaintiff KRW 100 million out of the purchase price, and by March 25, 2015, made an oral promise to prepare a contract by specifying the method and date of payment of the remainder of the purchase price after determining the replacement of existing construction works, the payment of the bank loans, etc.

On February 24, 2015, the Defendant paid KRW 10 million to the Plaintiff.

E. However, even after the conclusion of the contract, the Defendant asserted that the contract with the Plaintiff should be prepared first for the specific progress, such as the selection of the contractor. On the other hand, the Plaintiff asserted that the construction work should be guaranteed prior to the preparation of the contract, and that the intermediate payment and the remainder payment payment shall be confirmed, and discussions were continued without any agreement between the Plaintiff and the Defendant. In that process, the Defendant paid the Plaintiff KRW 20 million additionally on March 27, 2015.

F. On May 20, 2015, the Defendant received loans from each financial institution after seven months from the date of entering into a contract, and pays an intermediate payment of KRW 50 million, from each other, after eight months from the date of entering into a contract, in accordance with the plan for the progress of the business he/she think of, and excluded the part of the loan obligation of KRW 1.8 billion.