1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is the owner of No. C402 (hereinafter “instant house”) in light life.

The Defendant requested the Plaintiff, a real estate agent, to sell the instant house.

B. On July 1, 2016, the Defendant concluded, by the Plaintiff’s brokerage, a lease agreement with D, his/her father, as follows (hereinafter “instant lease agreement”).

The Plaintiff received down payment of KRW 10 million from D and remitted it to the Defendant on July 2, 2016.

10 million won of the lease deposit (a contract deposit of KRW 10 million shall be paid at the time of the contract and received at the time of the contract, and the Defendant shall deliver the instant house to D by September 2, 2016.

If a lessor or lessee fails to perform any of the terms and conditions of this contract that the lessee or lessee has a maximum debt amount of 97 million won against a national bank on the registry and remains 25 million won until the remainder of the debt, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

C. On July 25, 2016, the Plaintiff lent KRW 1 million to the Defendant.

D The Plaintiff was willing to terminate the instant lease agreement on August 2016, and the Plaintiff delivered it to the Defendant.

E. On August 24, 2016, the Plaintiff remitted KRW 30 million to the Defendant (hereinafter “instant KRW 30 million”) and filed a move-in report with the instant housing on September 8, 2016.

F. On July 13, 2016, the Defendant leased No. 201, Magdong 201, by the Plaintiff’s brokerage, and on August 25, 2016, the instant housing director went to the said housing.

G. The Defendant remitted to the Plaintiff KRW 14.5 million on October 7, 2016, and KRW 16.5 million on October 20, 2016, respectively.

【Non-contentious facts, Gap 1-9, 12 evidence, Eul 1-2 evidence.