1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion

A. On September 27, 2012, the Plaintiff entered into a sales contract to purchase Dtel 513 (hereinafter “instant officetel”) for KRW 118,246,00 (hereinafter “instant sales contract”) with C Co., Ltd. (hereinafter “C”). On the date of the said contract, the Plaintiff paid the Defendant the down payment amount of KRW 11,824,60.

B. The Plaintiff was unable to pay C any balance of KRW 35,473,800 on the outstanding payment date set by the instant sales contract as financial standing.

C. When the Plaintiff demanded C to cancel the instant sales contract and return the down payment, the Defendant, which had the representative director C, promised the Plaintiff to return the down payment when the instant officetel was sold to another person.

As the Defendant promised, the instant officetel was sold to another person, and thus, the Defendant is obligated to return the down payment agreed to the Plaintiff.

2. We examine the judgment, and evidence evidence No. 4, 5, and 9, which corresponds to the fact that the defendant agreed to return the down payment, as alleged by the plaintiff, is proved.

However, the evidence No. 4 is merely a conversation between the plaintiff and the third party E, and the evidence No. 5 is merely the opinion of the police officer who investigated the plaintiff's accusation case, and the evidence No. 9 is a document under the name of F stating that the defendant talks with the purport that "the defendant will solve the plaintiff's complaint", and it is insufficient to recognize that the above evidence alone was an agreement for the return of the down payment asserted by the plaintiff, and there is no other evidence to acknowledge it.

3. As such, the plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. The costs of appeal are assessed against the plaintiff. It is so decided as per Disposition.