1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 12, 2007, the Plaintiff paid KRW 300 million to the Defendant.

On July 25, 2007, the defendant prepared the following cash custody certificate (hereinafter referred to as "cash custody certificate of this case") that the plaintiff will pay KRW 420 million to the plaintiff on the same day:

A B CD E

B. On June 19, 2007, the Plaintiff entered into a contract with the F Co., Ltd. (hereinafter “F”) on the purchase price of KRW 5,03,6720,00 with H, Yeongdeungpo-gu, Seoul and three parcels of land and its ground neighboring neighbors (hereinafter “instant sales contract”).

On the date of the contract, the purchase price was paid in installments of KRW 50 million on the date of the contract, KRW 2.1 billion on August 3, 2007, KRW 2.1836 million on intermediate payment, and KRW 2.51 billion on September 20, 2007.

On June 19, 2007, the date of the contract, the Plaintiff and F paid the down payment to G with KRW 500 million check, which includes KRW 300 million that the Plaintiff paid to the Defendant.

C. The Plaintiff and F did not pay part payments.

G sent to the Plaintiff and F, on September 12, 2007, a certificate of content that the instant sales contract would be rescinded. On September 13, 2007, G again sent to the Plaintiff and F the certificate that the instant sales contract would be rescinded and the down payment would be confiscated as penalty.

The plaintiff filed a lawsuit claiming the return of the down payment confiscated to G, along with I who received the claim for the return of down payment from F.

On December 10, 2015, the Seoul Western District Court rendered a judgment dismissing the plaintiff's claim (2014 Gohap36320), and all appeals and appeals were dismissed, and the above judgment became final and conclusive as it is.

(Seoul High Court 2016Na2004707, Supreme Court 2016Da24446, hereinafter referred to as "relevant civil lawsuit"). E.

On January 5, 2017, the Plaintiff sent to the Defendant J on June 12, 2007 a certificate of content that the Plaintiff would pay KRW 420 million, including interest, to KRW 300 million from June 12, 2007. On February 8, 2017, the Plaintiff sent the same certificate to the Defendant.

F. The defendant