1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As a licensed real estate agent, the Plaintiff, as the Plaintiff, arranged a sales contract with the Defendant’s father C for the purchase and sale of the D large scale 295 square meters and the three-story detached houses and Class II neighborhood living facilities (hereinafter “instant real estate”) on May 6, 2015.

B. The sales amount of the above sales contract is KRW 780,000,000,000 for down payment of KRW 80,000 at the time of the contract, and the remainder of KRW 700,000,000 for E to succeed to the collateral security obligation, and then E paid the down payment.

C. Since then, the above sales contract was not fulfilled as it was, and the Plaintiff returned the down payment to E on August 25, 2015.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The plaintiff alleged that the defendant's agent C and E agreed to refund only the down payment, and the above sales contract was rescinded upon the request of the defendant's agent C, and the plaintiff first lent the amount of the down payment to E and the defendant was given the return of the down payment to E. However, the defendant asserts that the amount of the down payment was not repaid.

In this regard, the defendant argues that ① did not cancel the above sales contract, ② did not have power to cancel the agreement of the above sales contract or borrow the amount equivalent to the down payment, ③ even if borrowing the amount equivalent to the down payment for household affairs is recognized, the return is a condition suspending the sale of the real estate in this case, and that the real estate in this case has not yet been sold, and the due date has not yet arrived.

B. First, we examine whether C borrowed the amount equivalent to the down payment from the Plaintiff on behalf of the Defendant.

1. If a representative who has been granted the power of representation for entering into a contract of any relevant legal doctrine becomes authorized to do a legal act, the legal relationship which caused the power of representation, in principle, terminates after the objective is attained, and the power of representation conferred by the legal act is the cause.