1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 14, 2016, the Plaintiff, via a licensed real estate agent, delivered to the Defendant the intent to purchase the C Apartment 105 Dong 1502 (hereinafter “instant apartment”) owned by the Defendant, and the Defendant’s licensed real estate agent paid the purchase price of KRW 335 million from the Defendant’s real estate agent, and the remainder date shall be the tenant’s maturity, and the remainder date shall be the tenant’s maturity, and a part of the down payment shall be sent to the Defendant’s account, and the Plaintiff wired KRW 3 million to the Defendant’s account.

B. On December 15, 2016, the Plaintiff’s wife visited the office of the Defendant’s Licensed Real Estate Agent D on behalf of the Plaintiff, demanding the preparation of the contract, preparing a sales contract with the following contents written from D, and indicated the name of the Plaintiff on the name side of the Plaintiff, and the Defendant did not have the signature and seal on the contract. However, the Defendant’s wife sent a copy message to the Defendant’s wife by text message via D.

The purchase price: KRW 335 million shall be paid and received at the time of the contract at the time of the contract.

Any balance of 32 billion won shall be paid in March 23, 2017.

When a buyer has delivered money or goods to a seller under the name of a down payment or a security deposit, the seller shall reimburse the intermediate payment (if there is no further agreement, the balance) before he pays the down payment, and the buyer may waive the down payment and rescind this contract, unless there is any other agreement.

The down payment under a special contract shall be remitted to KRW 3 million, and the remainder of KRW 30 million shall be remitted to March 23, 2016.

(23) By day after the seller is a private person to the contract.

C. On December 22, 2016, the Defendant notified the Plaintiff of the purport that “the Defendant’s wife was only engaged in the sale and purchase, and the Defendant himself did not intend to sell the instant apartment, and thus, would return the said KRW 3 million to the Plaintiff.” On December 23, 2016, the Plaintiff remaining to the Defendant in accordance with the said sales and purchase contract.