1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 21, 2016, the Defendant entered into a contract with the Plaintiff to newly construct and sell an apartment unit in the Seocho-si, Seocho-si, and to transfer the pertinent business right to the Plaintiff. On October 21, 2016, the Defendant entered into a contract with the Plaintiff to sell the land (a total of KRW 40,51 square meters) outside of 1,344 square meters in Seocho-si, Seocho-si, and 7 square meters in total of KRW 2.

(hereinafter “instant trade”). (b)

According to the instant sales contract, the Plaintiff paid KRW 130 million to the Defendant as down payment (i.e., KRW 50 million on October 21, 2016, KRW 50 million on November 24, 2016), and paid KRW 20 million on November 25, 2016 in the intermediate payment on November 28, 2016.

C. Meanwhile, in addition to the subject matter of the instant sales, the Defendant originally planned to include the E, 7,219 square meters (hereinafter “D site”) owned by D Corporation in the said project site, which was also reflected in the instant sales contract as follows.

1) An intermediate payment of KRW 400 million shall be paid at the time when a contract for additional land purchase, such as D Site, is completed (see, e.g., Supreme Court Decision 2(3)2) (see, e., Article 2(3)). (2) The Plaintiff deposited down payment of KRW 130 million into the Defendant’s National Bank account, and if the purchase of additional land is not possible within the given period, the Defendant shall return it.

(Article IV(1). In the event of a cause attributable to the defendant, the amount of compensation will be paid.

(Article 4(2)3) The down payment for the land additionally purchased shall be borne by the Plaintiff, and the contractor shall pay the Plaintiff the down payment under the name of the Plaintiff (Article 4(3) and (4). In the case of a contract, the contractor shall be entitled to advance agreement and consultation (Article 4(5)4). The Defendant shall be held liable for the completion of business approval and the land additionally purchased.

(Paragraph 7). (d)

However, around January 2017, D Corporation decided to sell D site as the starting support and the inner grassland site.

E. Since then, the Plaintiff demanded the Defendant to return the down payment, etc., and received the return of KRW 50 million from the Defendant on February 22, 2017, and KRW 100 million on September 25, 2017, respectively.

[Evidence] without dispute, Gap evidence 2, 4, 6, 9.