1. The plaintiff's claim is dismissed.

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

1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽6, 8호증, 을 1, 2호증의 각 기재, 변론 전체의 취지 피고는 2016. 2. 3. C과 사이에 시흥시 D 2차 101호(이하 ‘이 사건 부동산’)에 관하여 임대차보증금 8,500만 원, 임대차기간 2014. 8. 6.부터 2016. 8. 5.까지로 정하여 임대차계약을 체결하고, C에게 임대차보증금 8,500만 원을 지급한 후 이 사건 부동산을 인도받았다.

C On February 3, 2016, between the Plaintiff and the Plaintiff, concluded a sales contract with the purchase price of KRW 135 million with respect to the instant real estate, and entered into a special agreement as follows.

① Payment of down payment of KRW 10 million, intermediate payment of KRW 30 million on February 26, 2016, and KRW 95 million on March 21, 2016, and KRW 200 million on March 21, 2016, and KRW 30 million. C returned the lease deposit by the remainder of the lease deposit and deliver the instant real estate to the Plaintiff by the remainder of the lease deposit. ③ Upon the Plaintiff’s refusal of the Plaintiff’s bank loan, the Plaintiff paid KRW 10 million to C on February 3, 2016, and C paid KRW 5 million to the Defendant on the same day.

② On the other hand, on February 3, 2016, the Plaintiff paid KRW 3 million to the Defendant. On February 4, 2016, the Defendant concluded a lease agreement with the term of lease from March 16, 2016 to March 16, 2018, and KRW 10 million from the lease deposit.

③ On March 16, 2016, the Plaintiff paid KRW 10 million to the Plaintiff.

① On March 21, 2016, the Plaintiff completed the procedure for the registration of ownership transfer on the ground of sale as of February 3, 2016 with respect to the instant real estate, and completed the registration of establishment of a neighboring mortgage (hereinafter “instant collateral security”) consisting of KRW 113,400,000,000 for the case non-life insurance Co., Ltd. and the maximum debt amount.

② On April 25, 2016, the Plaintiff paid KRW 3.5 million to the Defendant KRW 5 million, KRW 18,189,677, totaling KRW 71,689,67.