1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 1, 2015, the Plaintiff: (a) purchased the land of 264 square meters (hereinafter “instant land”) from the Defendant, in the amount of KRW 350,900,000,000; and (b) agreed to pay the remainder of KRW 30,000,000 on the date of the contract, and the remainder of KRW 329,000,000,000,000 on October 30, 2015.

(hereinafter “instant primary sales contract”). The Plaintiff paid the Defendant the down payment of KRW 30 million on the date of the contract, but the remainder amount of KRW 329 million was not paid on October 30, 2015, which is the agreed date.

B. The reason why the Plaintiff intended to purchase the instant land was for the purpose of jointly developing nine parcels adjacent to the instant land and constructing a new loan, etc. and then selling it.

The land owners of ten parcels, including the Plaintiff and the Defendant, applied for a building permit to the Incheon Southern-gu Office under joint signature, and obtained a building permit from the Incheon Southern-gu Office on January 26, 2017.

C. On April 11, 2018, the Plaintiff newly concluded a sales contract for the instant land with the Defendant.

(hereinafter “the instant secondary sales contract”). The instant secondary sales contract is to pay the purchase price of KRW 359 million in the same manner as the first sales contract, and to pay the full purchase price to April 11, 2018.

On the other hand, at the time of the first sales contract, the Plaintiff and the Defendant prepared a written agreement (No. 1) with the following contents on April 11, 2018:

At the time of the conclusion of the second contract, the Plaintiff and the Defendant made an oral agreement to bear KRW 3.5 million of the brokerage commission to be borne by the Defendant.

On July 1, 2015, the agreement Gap (the plaintiff) and Eul (the defendant) entered into a sales contract of KRW 359 million with respect to the land on the land on the land on the land on the land of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and the balance shall be paid on October 3 of the same year, but the remaining payment date shall be deferred on the second day and shall reach the second day on April 11, 2018.