1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 18, 2014, the Plaintiff entered into a sales contract with the Defendant with the content that the purchase price shall be KRW 2.55 million with respect to the C (hereinafter “instant real estate”) owned by the Defendant, and that the first down payment shall be KRW 250 million on the date of the contract, the second down payment shall be KRW 100 million on the date of May 19, 2014, and the remainder KRW 2.2 billion on the date of June 30, 2014 (hereinafter “instant sales contract”).

B. On April 16, 2014, the Plaintiff paid KRW 100 million to the Defendant through Nonparty D, who mediated the conclusion of the instant sales contract, and on the day of the contract, paid the remainder of the first down payment to the Defendant.

C. Since then, the plaintiff is the defendant.

5.2. Of the above 2nd down payment of KRW 70 million, the payment was made on the 19th of the same month, and the remainder of the 2nd down payment was paid KRW 30 million. D.

On the other hand, after the conclusion of the instant sales contract, the instant real estate was registered as a pre-sale promise on April 28, 2014 by the receipt No. 68084 on April 28, 2014, and the right to claim transfer of ownership against Nonparty E was registered.

E. On June 30, 2014, the due date for the payment of the remainder under the instant sales contract, the Defendant completed the preparation of relevant documents to transfer ownership to the Plaintiff and notified the Plaintiff thereof, but the Plaintiff did not pay the remainder to the Defendant by the said due date.

F. The defendant has the same effect as the defendant

7. 1. The Plaintiff notified the cancellation of the instant sales contract on the grounds that the Plaintiff did not pay any balance, and the same month.

3. In notifying the Plaintiff of the rescission of the re-contract, the Plaintiff expressed his intent to confiscate the Plaintiff’s total amount of KRW 350 million paid to the Defendant as damages for breach of the contract.

G. On May 26, 2015, the Plaintiff and the Defendant concluded a sales contract for the instant real estate again (hereinafter “instant sales contract”).