1. The plaintiff's claim is dismissed.

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

1. On November 29, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of KRW 1,815,00,000 with respect to the total land area of KRW 16,365,000 and KRW 73.62,00 of D ground buildings (hereinafter “each of the instant real property”) outside the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and the Defendant paid the Defendant a down payment of KRW 1,815,00,000 on the same day after entering into an agreement with the Defendant to pay the down payment of KRW 1,715,00,000 (hereinafter “the instant sales contract”). In the instant sales contract, the Plaintiff and the Defendant, as to the cancellation of the contract, paid the down payment of KRW 1,00,000,000 to the Defendant on the same day (hereinafter “the intermediate payment of KRW 1,50,000,000,000).”

2. Determination as to the claim

A. As the Plaintiff’s assertion was rescinded by agreement between the parties, the Defendant agreed to return the down payment of the instant case. The Plaintiff’s assertion is not a family affairs, but a non-legal matter

Even if the sales contract of this case was terminated as impossible without any cause attributable to both parties, the defendant shall pay the down payment to the plaintiff as unjust enrichment return.

B. The Defendant’s assertion that the instant sales contract was cancelled due to the Plaintiff’s cause or the Plaintiff’s expression of intent to cancel, and accordingly, the instant down payment was reverted to the Defendant according to the agreement under Article 5 of the instant sales contract.

C. As alleged in the Plaintiff, the Defendant agreed to cancel the agreement on the instant sales contract and return the instant down payment orally.

(2) The sales contract of this case was rescinded without any cause attributable to both parties.