1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 1, 2016, the Plaintiff entered into a sales contract with Ulsan-gu Seoul Special Metropolitan City (hereinafter “instant land” and “instant housing”) with a purchase price of KRW 245,00,000,00 (hereinafter “instant sales contract”). The Plaintiff, upon hearing an explanation from the Defendant that the instant real estate is located within the cultural heritage protection area, determined that “the documents on the deliberation of cultural heritage shall be acquired from the buyer at the time of the remainder of the contract” as stipulated under a special agreement.

B. The Defendant, as a licensed real estate agent, mediated the instant sales contract, and the Plaintiff paid 980,000 won (A2-2) to the Defendant with the brokerage commission.

C. The Plaintiff paid the down payment of KRW 30 million to C on the day of the sales contract, and KRW 5 million in the intermediate payment on April 4, 2016.

On April 28, 2016, the remaining payment date stipulated in the above sales contract, the Plaintiff paid the remainder to C by the seller, and C, around May 25, 2016, notified the Plaintiff of his intent to terminate the sales contract by way of content-certified mail, if he did not pay the remainder by June 17, 2016.

Nevertheless, the Plaintiff did not pay the remainder by the said deadline.

E. The Plaintiff filed a lawsuit against C seeking the return of the down payment and the intermediate payment on the ground that C had not provided any documents verifying that all administrative issues related to cultural heritage were settled by a special agreement at the time of the instant sales contract (this Court Decision 2016Da57788).

On June 23, 2017, the court of first instance dismissed the Plaintiff’s claim on the ground that there is no evidence to acknowledge the Plaintiff’s claim.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 9, 12 (including, if any, a serial number), the purport before oral argument

2. The gist of the Plaintiff’s assertion is that of the instant sales contract.