1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) promoted a housing construction project (hereinafter “instant project”) on a lot of land in Ulsan-gu, Ulsan-gu D, a company running real estate sales business, etc.

B. On November 4, 2006, C entered into a sales contract with the Defendant, which contains the following contents (hereinafter “instant sales contract,” and the sales contract was referred to as “instant sales contract”). On January 12, 2007, C transferred KRW 30,600,000 to the Defendant on January 12, 2007.

The real estate sales contract amount of KRW 306,000,000,000,000,000 in the total amount of the price for the real estate sales contract, shall be paid on November 30, 2006.

on March 31, 2007: the buyer, with respect to the sale and purchase of the real estate, shall pay the purchase and sale of the real estate to the seller by the following means of payment: 275,400,000 won:

Article 3:The seller shall provide the buyer with all the documents necessary for ownership transfer simultaneously with the receipt of the balance, and also specify the real estate.

Article 7:In case the seller has accepted this contract, he shall pay twice the amount received as the down payment to the buyer, and in case the buyer has accepted it, the down payment shall be null and void, and the seller shall be reverted to the seller

However, this contract takes effect at the same time as the down payment is deposited in the account of the seller.

A seller: Defendant and buyer: (a) deleted “within 10 days after the approval of the business” printed in the same letter from the balance payment date column of C and one other, and written on March 31, 2007.

A person shall be appointed.

C. On May 16, 2016, the Defendant sold the instant real estate to F, and completed the registration of ownership transfer with F on May 17, 2016.

On October 31, 2017, the Plaintiff’s claim based on the payment order for the instant case, such as the contract deposit, etc. by the Ulsan District Court 2016 tea2181 against the Plaintiff C.