1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 21, 2015, the Plaintiff and the Defendant entered into a real estate sales contract with the content that the Plaintiff would substitute the Plaintiff’s succession to the loans of financial institutions amounting to KRW 110 million (hereinafter “instant sales contract”) and that the Plaintiff would purchase the instant land at KRW 180,00,000 among the sales price. Of the sales price, KRW 170,000 shall be paid at the time of the contract, and the remainder of KRW 170,000,000 shall be paid in October 20, 2015. The remainder of the sales contract, excluding KRW 60,000,000,000,000,000,0000,000 won as of the date of the contract (hereinafter “instant sales contract”).

Article 5 of the sales contract of this case provides that “The seller shall reimburse the sales contract of this case for a double amount of the down payment at the time of the seller’s default, and the buyer shall waive the down payment and not claim the return thereof at the time of the buyer’s default.”

B. On November 6, 2015, the Defendant sent to the Plaintiff a document verifying that “The sales contract of this case was automatically terminated on the Plaintiff’s responsibility,” and that “the Plaintiff sent a document proving that the sales contract of this case was automatically terminated on the Plaintiff’s responsibility,” on November 26, 2015, including land survey costs and construction design costs of KRW 4.5 million, real estate brokerage fees of KRW 1.5 million, and real estate brokerage fees of KRW 1.5 million, until October 20, 2015. However, the Plaintiff paid the remainder to the Plaintiff by means of doping that the Plaintiff’s mother was dead, and the Plaintiff extended the payment for the remainder to the Plaintiff’s office until December 20, 2015, the instant sales contract was rescinded by the Plaintiff’s office with the purport that “The Plaintiff’s obligation to pay the remainder under the sales contract of this case was not fulfilled,” and that the content of the sales contract of this case was rescinded by 100,000,15.