The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On May 20, 2018, the Plaintiff entered into a sales contract with the Defendant, under which the Defendant would purchase the building of 109.1 square meters and 3 stories on the land owned by the Defendant (hereinafter “instant building”) for the purpose of running a new construction business of the main complex building, etc., on the condition that the purchase price shall be KRW 900 million, and the down payment shall be KRW 90 million on the date of the contract, and the remaining amount shall be KRW 810 million on the date of the contract (hereinafter “the instant sales contract”) to be paid within six months after the competent administrative agency’s approval of the Plaintiff’s business in consideration of the Plaintiff’s apartment housing business.

B. On June 24, 2019, prior to the payment of the remainder, the Plaintiff: (a) determined the temporary deposit amount for resettlement and surrendering with the Defendant as KRW 12 million; (b) paid the remainder other than the said temporary deposit amount; and (c) received the registration procedure for ownership transfer from the Defendant at the same time; (d) on the Defendant’s responsibility, the Plaintiff drafted a “written confirmation document on emigration and surrendering” with the effect that the Plaintiff shall return the full amount of the temporary deposit to the Defendant when the relocation and surrender is completed by August 31, 2019.

(c)

In addition, the Plaintiff, the lessee D, and E of the instant building, as of June 25, 2019, and D, paid KRW 50 million from the Plaintiff, and agreed to deliver the part of the building that is necessarily occupied by August 31, 2019, and E paid KRW 45 million from the Plaintiff to deliver the part of the building possessed by the Plaintiff by August 31, 2019, respectively, with the content that the Plaintiff would deliver the part of the building possessed by the Plaintiff by August 31, 2019.

The Plaintiff, D, and E promised to maintain mutual confidentiality with respect to each of the above agreements, and to compensate for damages in the event of divulgence of the agreement.

(d)

On June 27, 2019, the Plaintiff’s temporary storage of KRW 12 million and KRW 5 million to be refunded to E for life, from the balance of KRW 810 million on June 27, 2019, and KRW 24 million.