1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 30, 2018, the Plaintiff transferred KRW 8 million as part of the down payment to the Defendant’s deposit account to purchase the land and building Daegu Suwon-gu C (hereinafter “instant real estate”).

B. The Plaintiff and the Defendant met only at the licensed real estate agent office on July 7, 2018, but the conclusion of the sales contract for the instant real estate was unnecessary.

C. On October 4, 2018, the Defendant deposited the Plaintiff as the principal deposit and deposited the amount of KRW 8 million with the Seoggu District Court Branch of Seoggu District Court No. 2380 in 2018.

[Ground of recognition] Facts without dispute, Gap evidence No. 3, Eul evidence No. 3, the purport of the whole pleadings

2. Determination

A. On June 30, 2018, the Plaintiff asserted that the instant real estate was purchased at KRW 570 million, verbally with the Defendant, and concluded a sales contract with the effect that the remainder of KRW 49 million shall be paid on the day of payment of KRW 8 million out of the down payment of KRW 57 million and shall be paid on July 7, 2018 (hereinafter “instant sales contract”).

Then, on July 7, 2018, the Plaintiff only prepared a sales contract with the Defendant at the office of a licensed real estate agent, but failed to prepare a sales contract, and thereafter, the Plaintiff would cancel the sales contract if the Defendant did not raise the purchase price in two times.

Ultimately, the instant sales contract was rescinded by the Defendant’s unilateral nonperformance of obligation, and the seller reimburses the amount of the down payment in order to cancel the sales contract, so the Defendant is obliged to refund the Plaintiff KRW 114 million, a double of the down payment.

B. Article 565(1) of the Civil Act provides, “In a case where one of the parties to a sale delivers money and other things to the other party as a down payment and a deposit at the time of the contract, unless otherwise agreed by the parties, the deliverr shall waive it until one of the parties commences performance, and the receiver may rescind the contract by repaying the double amount.”