1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. The Plaintiff is a stock company with the purpose of establishing housing construction business, real estate development business, etc., and the Defendant is a stock company with the purpose of establishing real estate sale and sale business and sale business.

B. The Plaintiff, from January 2015, entered into a sales contract between the original Defendant, was the Plaintiff’s real estate “real estate” in the Seo-gu Daejeon District Court Decision 2796m206m2 (hereinafter “the instant real estate”).

(2) On February 22, 2015, C, the actual representative of C, who is the Plaintiff, made a consultation with the Defendant, to enter into a sales contract for the said real estate and business right (right to building permit). On or around February 22, 2015, C, the actual representative of C, who is the Defendant, made an oral promise to prepare a contract by specifying the methods and dates for the payment of the remainder of the purchase price after determining the down payment as KRW 450 million, intermediate payments as KRW 50 million, and the remainder amount as KRW 350 million. First of all, C, the Plaintiff, who is the owner of the said real estate and business right, made an oral promise to prepare the contract by specifying the methods and dates for the payment of the remainder of the purchase price.

hereinafter referred to as "the oral agreement on February 22, 2015" is called "the oral agreement".

(3) On February 24, 2015, the Plaintiff paid KRW 10 million to the Defendant.

C. After the conflict between the original Defendant regarding the conclusion of a sales contract, the Plaintiff asserts that the contract with the Defendant should be prepared first to proceed with the specific process, such as the selection of a contractor. On the other hand, the Defendant asserted that, prior to the preparation of the contract, the construction work should be avoided when guaranteeing the payment of the purchase price, the intermediate payment and the remainder payment payment shall be confirmed, and that there was no conflict between the Plaintiff and the Defendant

In that process, the Plaintiff paid 20 million won to the Defendant on March 27, 2015.

On May 20, 2015, the plaintiff 1 is out of down payment according to the business progress plan which he think.