The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendant, as the owner of Seongdong-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”) and requested brokerage of the sale of the instant apartment at the E-Official establishment, and the F affiliated with the said brokerage office was the broker of the sale of the instant apartment.

B. F heard that the Plaintiff would purchase the instant apartment, adjusted the sales price with the Defendant to finally KRW 478,00,000 at the trading price, and sent the following text messages to the Plaintiff on November 19, 2019 (hereinafter “instant text messages”).

On the same day, the Plaintiff transferred KRW 5,000,000 to the Defendant (hereinafter referred to as “prepaid money”).

The terms of sale of heading D.

The payment of 478 million won as down payment of 50 million won shall be deposited at the time of the preparation of the contract after making a deposit of 5 million won in a provisional contract - The date of preparation of the contract shall be agreed with each other.

The remainder of KRW 278 million after the intermediate payment 150 million - the intermediate payment 1.9 billion won after the intermediate payment is received - the remainder of KRW 278 million shall be paid at the time of the receipt of the deposit for lease on a deposit basis.

- The maximum time limit shall be paid at the end of February 20, with the deposit of 5 million won on the face of the above consent.

C. On November 20, 2019, F told the Plaintiff and the Defendant on November 28, 2019, the date on which the sales contract concerning the instant apartment was prepared, which was November 28, 2019. However, the Defendant notified F on November 27, 2019 that he/she had no intent to sell the instant apartment, and returned KRW 5,000,000 to the Plaintiff on November 28, 2019.

On the other hand, on January 3, 2020, the defendant sold the apartment of this case to another person at KRW 5,15,000,000, and completed the registration of ownership transfer on February 7, 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The main point of the Plaintiff’s assertion was that the sales contract for the instant apartment was concluded between the Plaintiff and the Defendant, and that down payment was 50.