1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 11, 2006, the Plaintiff entered into an agreement with C Co., Ltd. (hereinafter “C”), and the Plaintiff entered into a land purchase agency agreement with C to purchase the project site on behalf of C in promoting apartment construction projects on the old-si and 30 lots (hereinafter “instant project site”).

나. C과 E은 2006. 4. 14. 대승실업 주식회사(2006. 10. 10. 상호가 ‘디에스네트웍스 주식회사’로 변경되었다. 이하 ‘대승실업’이라 한다)와, 이 사건 사업부지의 일부인 구리시 F 외 14필지(이하 ‘이 사건 부동산’이라 한다)에 관하여 매매계약을 체결하였고(이하 ‘이 사건 매매계약’이라 한다), 같은 날 원고로부터 계약금 15억 원을 교부받아 이를 대승실업에게 지급하였다.

C. After that, C failed to purchase part of the instant business site, and the Plaintiff refused to pay the remainder under the instant sales contract.

On February 207, C determined that the implementation of the above sales contract is impossible, and around February 2, 2007, C agreed to cancel the sales contract of this case on the condition of mediating the conclusion of the sales contract of large-scale unemployment and G Co., Ltd. (hereinafter “G”), and refund the down payment of KRW 1.5 billion from large-scale unemployment.

On February 13, 2007, Ga and the real estate sales price of this case shall be KRW 8.1 billion. Of them, 5.6 billion shall be paid at the same time as the contract was entered into, and the remaining KRW 2.5 billion shall be paid by G in lieu of payment in the manner of acquiring the obligations of loans to the old agricultural cooperative of the old agricultural cooperative of the old vocational training. At the same time, G entered into a sales contract and deposited KRW 1.5 billion in the national bank account established in C’s name.

C immediately withdraw 1.5 billion won by means of cashier's checks and cashier's checks of 1.0 billion won per face value at the south of the above bank, according to the Gangnam of the above bank.