1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 10, 2014, C representing the Plaintiff: (a) purchased from the Defendant the part of the instant real estate in KRW 128,00,000 (hereinafter “instant real estate”) of KRW 356 square meters in Nam-si, Namyang-si; and (b) concluded a sales contract with the Plaintiff on July 30, 2014 (hereinafter “instant sales contract”). The down payment of KRW 78,000,000 on the date of the contract, and the remainder of KRW 50,000,000 was paid on July 30, 2014 (hereinafter “instant sales contract”).

Article 8 of the instant sales contract provides, “When a seller has breached this contract, he/she shall compensate twice the pre-contract amount to the buyer, and when the buyer has breached the contract, the contract deposit shall be null and void and shall not be claimed for return.”

B. On the date of the conclusion of the instant sales contract, D shall receive to C the down payment of KRW 78,00,00 as the Defendant’s representative, and the down payment shall be substituted by the amount invested in two parcels outside the FF in each week, and a receipt shall be issued. ② The receipt stating that “D shall receive KRW 5,00,000 out of the purchase and sale balance of KRW 50,000,000,” ③ the Defendant prepared to D on August 18, 2009, the title trust confirmation statement stating that “The actual owner of the instant real estate is in title trust in the name of the Defendant” (hereinafter “title trust confirmation statement”), ④ The Defendant prepared to the Defendant on July 9, 2014, and prepared to confirm that D’s real estate was in title trust in the name of the Defendant, with the remainder of KRW 10,00,000,000,0000 (hereinafter “G”) as the maximum debt amount of KRW 30,000,000,00.