1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) The Defendant and Nonparty D jointly own the same proportion of 1,056 square meters prior to C in Yangyang-si, and the Defendant’s share was transferred to D on August 28, 2012.

The defendant and D jointly own 1,035 square meters and 500 square meters prior to F, but the defendant's share was transferred to D on March 22, 1996.

B. On June 22, 2017, the Plaintiff and the Defendant concluded a sales contract with the amount of KRW 150,000,000 for the sales amount of KRW 133 square meters (40 square meters) and KRW 100,000 for the total amount of KRW 198,000 for the E-land, and the remainder payment date as of July 5, 2017. The Plaintiff paid KRW 10,000,000 for the remainder payment on the day.

o The seller shall reimburse a double of the down payment at the time of the termination of this contract, and the buyer shall not invalidate the down payment at the time of the termination and may not request the return thereof.

o Of G 268 square meters, 133 square meters among 268 square meters shall be registered with the Defendant as farmland acquisition relationship, and the Defendant shall provisionally register 13 square meters with the Plaintiff.

o Registration of 198 square meters among the 380 square meters prior to E shall be made, and the remaining 182 square meters shall be registered with the Plaintiff as a share.

o To conduct a divisional survey at the design office simultaneously with the contract.

(The costs of transferring registration to the defendant shall be borne by the plaintiff)

However, on July 5, 2017, the Defendant sold 100 square meters to H (I) to the Plaintiff, and completed the registration of land E on July 7, 2017, and completed provisional registration on land C.

[Evidence A] Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. The assertion;

A. The Plaintiff purchased the sum of KRW 100,00 from the Defendant and paid KRW 10,000,000 out of the down payment of KRW 20,000,000, but the Defendant unilaterally sold the said KRW 100 on July 5, 2017 to H and G on the ground that the sales contract became impossible due to the Defendant’s fault, thereby seeking compensation for the amount equal to the down payment.

B. On July 5, 2017, the Defendant concluded a sales contract of 853 square meters of J land, etc. with Defendant D on the condition that the balance would be paid in lump sum.