1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 15, 201, the Plaintiff, from the Defendant on Jeju-si, purchased the entire housing and trees (hereinafter “instant real estate, etc.”) on the two-story residential premises and trees (hereinafter “the instant real estate, etc.”) on the following grounds: (i) KRW 240 million in the purchase price (i.e., KRW 150 million in the site and building price (hereinafter “the instant sales contract”); and (ii) paid KRW 30 million in the total down payment on June 16, 201, to the Defendant.

B. On May 26, 2014 and June 19, 2014, the Plaintiff: “The Plaintiff agreed to cancel the instant sales contract between the Plaintiff and the Defendant before the payment date of the remainder; and the Defendant immediately returned the down payment to the Plaintiff, upon selling the instant real estate, etc. to a third party; and on October 18, 2012, the Plaintiff sent a written peremptory notice stating that “The Plaintiff shall immediately return the down payment KRW 30 million to the Plaintiff, as the Defendant sold the instant real estate, etc. to D., and thus, the Plaintiff returned the down payment to D.”

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The parties’ assertion and judgment asserted that the Plaintiff had not yet concluded the instant sales contract and filed a claim against the Defendant for the return of the down payment of KRW 30 million with the Defendant, claiming that the Defendant had rescinded the instant sales contract by agreement. The Defendant asserted that, after entering into the instant sales contract, the Plaintiff renounced down the down payment and rescinded the instant sales contract, the Defendant is not liable for the return of the down payment of KRW 30 million.

In light of the following circumstances, the aforementioned evidence, the witness E’s testimony, and the overall purport of the pleadings, which can be seen, are insufficient to recognize the Plaintiff’s assertion that the Plaintiff had rescinded the instant sales contract and the Defendant had to return the down payment of KRW 30 million to the Plaintiff, and there is no other evidence to acknowledge it.