1. The defendant shall receive KRW 103,500,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

1. Facts of recognition;

A. On April 4, 2020, the Plaintiff entered into a sales contract with the Defendant as a broker between the Plaintiff’s authorized broker C and the Defendant’s authorized broker D, with a view to purchasing KRW 117,50,000 from the Defendant’s owner of the apartment (hereinafter “the apartment of this case”), and paid KRW 12,50,000 for the down payment of KRW 12,50,000 for the remainder payment at the time of the contract, and the remainder payment of KRW 105,50,000 for each payment on June 1, 2020 (hereinafter “the sales contract of this case”).

Article 2 [Transfer, etc. of Ownership] A seller shall deliver all documents necessary for the registration of ownership transfer to a buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be June 1, 2020.

Article 5 [Cancellation of Contract] Before the buyer pays the intermediate payment (if there is no intermediate payment, the remainder) to the seller, the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

B. On April 25, 2020, the Plaintiff remitted KRW 2,000,00 to the Defendant as an intermediate payment of the instant sales contract.

On the other hand, the defendant sent a letter to the plaintiff that he would return the above KRW 2,00,000,000 on the ground that there was no intermediate payment under the sales contract of this case, but the plaintiff refused to receive it, which caused the defendant to keep the above money in custody to the defendant's authorized intermediary.

(c)

On May 6, 2020, the Defendant deposited KRW 24,000,000, which is a double of the down payment, by making payment to the Plaintiff pursuant to Article 5 of the instant sales contract, and sending a document verifying the content of the intent to cancel the contract, and by making the Plaintiff as the principal consignee, deposited KRW 24,00,000, which is a double of the down payment.

【Unsatisfy-founded facts, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 2, 3, and 4, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The summary of the party’s assertion (1) Plaintiff Defendant.