1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is the owner of an apartment building C 1209 Dong-dong 405 (hereinafter only referred to as the apartment building in this case), Nonparty D is a licensed real estate agent who operates the F Licensed Real Estate Agent Office in the above E-mail in the above-mentioned 110, and Nonparty G is the brokerage assistant of the above licensed real estate agent office.

B. From the beginning of June 2014, the above D recommended the Defendant to sell and purchase the instant apartment, but, on June 13, 2014, it transferred to the Defendant that there was a person to purchase the instant apartment at KRW 184 million while exchanging opinions on the trading price, etc. with the Defendant by means of mobile phone text messages, etc. on June 13, 2014.

C. When the above D obtained the Defendant’s permission for the above sale price, the sales contract was concluded with “the terms of a buyer’s change,” and the buyer sent a copy of the apartment sales contract (Evidence B No. 2) to the Defendant as text messages.

The above D sent the down payment 20 million won to the Defendant’s bank account in the above G name immediately after the said G sent the said sales contract as the buyer. On June 30, 2014, the Plaintiff sent a copy of the sales contract (Evidence B6) stating that the purchaser was changed to the Defendant.

[Reasons for Recognition] Each description of Gap evidence Nos. 1, 2, 12, 13, 14, 15, 16, 17, and Eul evidence Nos. 2,5 and 6 (including each number), and the purport of the whole pleadings

2. Judgment on the assertion

A. On June 13, 2014, the Plaintiff and the Defendant’s summary of the assertion concluded a sales contract with the Defendant for the instant apartment, and paid 20 million won for the down payment per contract date, and provided the Defendant with the payment of KRW 164 million for the remainder of the sale, the Defendant did not comply with the procedure for the registration of ownership transfer of the instant apartment, and thus, the Plaintiff and the Defendant’s claim for payment of KRW 40 million for the total sum of KRW 20 million for the down payment and KRW 20