1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 19, 2016, the Plaintiff completed the registration of ownership transfer in the name of G with respect to each of the land above the Defendant and Gyeonggi-gun C, D land, and the second floor building constructed on the ground thereof (hereinafter “instant real estate”), and the said building is registered as G by its owner in the unregistered state or building register.

The sales price shall be KRW 850 million, and the down payment shall be KRW 50 million, and the intermediate payment shall be KRW 400 million on September 20, 2016, and the remainder KRW 400 million on June 20, 2017, respectively, entered into a sales contract (hereinafter “instant sales contract”) with the content that “the payment of the intermediate payment shall be made on September 20, 2016, and any balance shall be set up at the same time with the registration of the intermediate payment” as a special agreement.

B. On June 20, 2016 and July 11, 2016, the Plaintiff paid the Defendant the sum of KRW 50 million as down payment according to the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff want to purchase the instant real estate to E who arranged for the instant sales contract, but there was only KRW 200,000,000. Of the intermediate payment, KRW 200,000,000,000 from E’s intermediate payment was used for the loan from the bank introduced by himself/herself, and the remainder of KRW 400,000,000 should be paid by the bank after establishing the right to collateral security on the instant real estate and receiving the loan from the bank. On September 19, 2016, the Plaintiff concluded the instant sales contract with the Defendant on such terms and conditions, and obtained approval for the loan of KRW 210,00,000,00 from

However, the second time of the intermediate payment is changed by the defendant's attitude, and the second time should be the first priority on the remainder 400 million won, and the second time of the intermediate payment should be the second time.

On September 27, 2016, the Plaintiff stated that cash 200 million won and remaining 200 million won are required for the payment of intermediate payments according to the terms of the initial contract.