The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Facts, which form the basis of the claim, are as follows: Gap evidence Nos. 1 through 8, Eul evidence No. 1 (including branch numbers), and witness C's testimony, and the purport of the whole argument is visible:

On March 1, 2019, the Plaintiff purchased from the Defendant the land and the building on the ground (hereinafter referred to as the “instant real estate”) for KRW 378 million,00,000,000, and paid KRW 60,000 as the down payment.

(The payment date of the remainder of KRW 318 million, excluding the down payment, is April 30, 2019; hereinafter the above sales contract referred to as “instant sales contract”). Cancellation of the agreement of the sales contract - Preparation of “written waiver of performance” - On April 9, 2019, the Plaintiff requested the Defendant to cancel the sales contract and return the down payment on the grounds that the building of the instant real estate, among the instant real estate, intrudes a neighboring land.

After that, on May 12, 2019, the Plaintiff and the Defendant drafted a written waiver of the performance of the contract to cancel the agreement (hereinafter referred to as “written waiver of performance”), and the Defendant paid KRW 37 million out of the amount of return agreement stated in the written waiver of performance on the same day.

【Written rejection of Performance: The contract shall be terminated upon the agreement of the seller and the buyer, as the buyer fails to perform the remainder of the contract for the sale and purchase of the above location D (including land and buildings) in e.g., the buyer.

A seller shall return the down payment of KRW 50 million to the buyer, which shall be the penalty for breach of contract and shall not raise any objection to this contract.

In the future, the buyer will not raise an objection for any reason to the seller, and in the event of the violation, the buyer will be not only civil and criminal responsibilities, but also compensation for mental damage.

The seller and the buyer shall consent to the above contents, respectively, sign and seal the contract, and the contract shall be discarded.

The plaintiff on the same day.