1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On December 2013, the Plaintiff decided to purchase land from the Defendant and concluded a sales contract as follows.

(hereinafter referred to as “instant sales contract”). - The subject matter of sale: C & 35 square meters (hereinafter referred to as “instant land”) - The purchase price: 250,000,000 won - the down payment amount of KRW 25,00,000 - The remainder payment date: The payment shall be made within ten days after the building permit was granted.

- Non-performance and compensation: If a seller or buyer fails to fulfill the terms of the sales contract in this case, the other party may notify in writing the person who has failed to perform the contract and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

B. On December 20, 2013, the Plaintiff paid the Defendant the down payment of KRW 25,000,000.

C. The Defendant sold the instant land to D and E on February 24, 2016 and completed the registration of ownership transfer on March 22, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3, the purport of the whole pleadings

2. Judgment on the claim for the down payment and damages

A. The Plaintiff, as the broker of the instant sales contract, entered into the instant sales contract with the Defendant on the condition that the Plaintiff was permitted to build a new building of eight stories in the name of the Plaintiff, hearing an explanation from F that the construction of a new building of the first and seventh stories above the ground in the instant land is possible, while the Plaintiff was in physical coloring the site for the new construction of an officetel.

At the time of the conclusion of the instant sales contract, the payment deadline for the remainder was set within 10 days after obtaining a building permit.

However, while the Plaintiff failed to obtain an officetel building permit on the instant land and did not pay any balance, the Defendant sold the instant land to another person and the instant sales contract was impossible to perform.

Therefore, the defendant.