1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 8, 2008, the Defendant entered into a sales contract with C to sell each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to three and five million won (hereinafter “instant sales contract”). According to the instant sales contract, C paid the down payment of KRW 7 million and the intermediate payment of KRW 20 million. After the intermediate payment was received, C cancelled the registration of creation of a neighboring mortgage on each of the instant real estate on March 4, 2008, but C did not pay any balance.

The main contents of the instant sales contract are as follows.

◎ 매도인 : 피고 ◎ 매수인 : C 외 3명 ◎ 계약금 7백만 원은 계약시에 지불하고, 중도금 2천만 원은 2008. 2. 28.에, 잔금 2,800백만 원은 2008. 3. 30.에 각 지불한다.

◎ 제7조(채무불이행과 손해배상) ① 매도인 또는 매수인에게 본 계약상의 채무불이행이 있었을 경우에는 그 상대방은 불이행을 한 자에 대하여 서면으로 이행을 최고하고 계약을 해제할 수 있다.

(2) Where a contract is rescinded, the seller and the buyer may claim damages from the other party, respectively.

(3) In the absence of a separate agreement on damages, the criteria set forth in Article 6 shall govern, and the other party shall also agree to compensate for any damage certified as the other party among the terms known to the contracting party as a matter linked to

(특약) ◎ 설정은 중도금 수령시 말소한다.

◎ 입금은 C이 한다.

◎ 등기명의인은 선택적일 수 있다.

B. The Plaintiff’s account of D, as requested by C prior to the payment of downpayment and intermediate payment to the Defendant, KRW 7 million on February 8, 2008, and the same year.

2. 27. 27. Payment of intermediate payments of KRW 20 million was deposited, and E and three other parties received the brokerage commission of the instant sales contract, and the Defendant received the intermediate payment of KRW 20 million.

C. On August 29, 2016, the instant real estate is F.