1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant completed the registration of ownership transfer based on trust, being entrusted with each of the lands listed in the separate sheet (hereinafter “instant real estate”) by and from Company C (hereinafter “Nonindicted Company”) and nine other persons.

B. On June 15, 2018, the Plaintiff purchased the instant real estate from the Defendant in the form of KRW 4,897,000,000 from the purchase price, and paid KRW 489,70,000 on the date of the contract, and the Plaintiff paid KRW 489,70,000 on January 25, 2018 as the down payment.

Any balance of KRW 4,407,300,000 was paid on September 10, 2018.

(hereinafter “instant sales contract”). According to the instant sales contract, if the contract is terminated due to the Plaintiff’s nonperformance, the down payment already paid shall be reverted to the Defendant.

§ 11(c).

The Plaintiff did not pay the remainder under the instant sales contract to the Defendant by September 10, 2018.

Accordingly, the defendant revoked the sales contract of this case on the ground of the plaintiff's failure to pay the purchase price and confiscated the down payment already paid as a penalty.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion as to whether the instant sales contract was cancelled due to the Defendant’s cause attributable to the Plaintiff was notified that D, who arranged the instant sales contract, obtained a building permit with the Defendant’s written consent for land use, and received a loan from the bank and paid the balance under the instant sales contract. The D and Nonparty Company promised to issue the Plaintiff a written consent for land use with respect to the instant real estate, and did not issue a written consent for land use.

The Plaintiff failed to pay the balance under the instant sales contract due to a cause attributable to D and the non-party company, and the Defendant received the instant real estate from the non-party company and received it.