1. The plaintiff's claim of this case is dismissed.

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

Facts of recognition

On September 15, 2015, the Defendant: (a) requested a licensed real estate agent D of the Gangseo-gu Seoul Metropolitan Government Office of Licensed Real Estate Agents to sell KRW 270,00,000 for the purchase price; (b) the Plaintiff requested G of the F Licensed Real Estate Agent Office of Licensed Real Estate Agents to purchase the instant apartment at KRW 270,00,000; and (c) sought to purchase the instant apartment from G around September 15, 2015.

Accordingly, around 18:00 on September 15, 2015, the Plaintiff and the Defendant agreed to prepare a sales contract at the licensed real estate agent office. D wanting to transfer from G to the Defendant’s account in a foreign country, and requested G to inform him of the Defendant’s account number.

On September 15, 2015, the Plaintiff transferred KRW 27,000,00 (hereinafter “the instant money”) equivalent to 10% of the purchase price to the Defendant’s account, and the Defendant expressed to the Plaintiff through D and G that he would not sell the instant apartment as a result of entering the Plaintiff’s wife through D and G, and the Plaintiff returned the instant money to the Plaintiff’s account on September 16, 2015, with the knowledge of the deposit of the instant money from the Plaintiff.

【In the absence of dispute, the Defendant asserted the invalidity of the contract after receiving the down payment from the Plaintiff, even though the sales contract for the apartment of this case was established as to the Plaintiff’s assertion of the facts of lack of dispute, Gap’s evidence Nos. 1, 3, and 5, witness D’s testimony, and the purport of the entire pleadings, and the Defendant is obligated to pay the Plaintiff KRW 54,00,000,000, which is the down payment received from the Plaintiff pursuant to Article 565(1) of the Civil Act, as the Defendant already paid KRW 27,00,000, which is the down payment received from the Plaintiff.

The defendant wanting to conclude a contract with the plaintiff before the contract for apartment sales is established.