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 the house indicated in the attached list (hereinafter “instant house”).

B. On October 7, 2016, the Defendant entered into a sales contract (hereinafter “the instant sales contract”) with the Plaintiff with the purchase price of KRW 395,000,000 for the instant housing ( KRW 40,000 for contract payment, KRW 150,000 for intermediate payment, KRW 150,000 for intermediate payment, KRW 150,000 for contract payment, KRW 205,000 for remainder payment, KRW 205,000 for contract payment, October 21, 2016).

C. In relation to the intermediate payment, the Plaintiff and the Defendant agreed to re-let the first floor of KRW 150,000,000 after the Defendant sold the instant house, but they agreed to exempt the obligation to pay the said deposit, in lieu of the Plaintiff’s intermediate payment obligation.

On the day of the contract, the defendant prepared a receipt that he received the down payment and the intermediate payment to the plaintiff.

On October 11, 2016, the defendant met the plaintiff with C at the office of licensed real estate agent C.

In that place, the defendant cancelled the contract deposit to the plaintiff and requested the plaintiff to cancel the contract.

The defendant remitted 40,000,000 won to the plaintiff's account.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 7, the witness C's testimony, the purport of the whole pleadings

2. On October 11, 2016, the Plaintiff asserted that the Defendant would cancel the contract deposit amount of KRW 80,000,000, which is a part of the contract deposit, from the place of delivery with the Defendant.

The defendant consented and deposited money into the plaintiff's account.

The plaintiff tried to verify whether the amount of KRW 80,000,000 has been deposited in the Ra bank in order to engage in spphone banking, and the C and the defendant tried to block the office door and forced to cut the contract into force.

The plaintiff reported to the police and dispatched the police.

A bank confirmed 40,000,000 won was deposited in the bank. A.

The primary cause of the claim: The non-performance of the agreement to cancel the agreement and the defendant 80.0.