1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On May 2015, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 1.1 billion with respect to the land and its ground buildings (hereinafter “instant real estate”) owned by the Defendant (hereinafter “instant sales contract”). The Plaintiff paid KRW 50,000,000 to the Defendant via D, a licensed real estate agent, as down payment, via D, the sum of KRW 30,000,000 on May 23, 2015 and KRW 50,000,000 in total.

B. However, on May 26, 2015, the Defendant unilaterally cancelled the sales contract and returned the down payment of KRW 50,000,000 to the Plaintiff on June 4, 2015.

C. Since the instant sales contract was rescinded due to the Defendant’s fault, the Defendant is obligated to pay the Plaintiff penalty of KRW 50,000,000 and damages for delay due to the cancellation of the sales contract.

2. The instant sales contract was concluded between the Plaintiff and the Defendant on the sole basis of the evidence submitted by the Plaintiff, witness E, and witness E and F.

It is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant for penalty, and there is no other evidence to acknowledge it.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.