1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On November 7, 2015, C entered into a sales contract with the Defendant to purchase the instant real estate amounting to KRW 210 million (hereinafter “instant sales contract”) and agreed to pay KRW 20 million for the remainder payment of KRW 50 million on the date of the contract, the intermediate payment of KRW 50 million on November 25, 2015, and the remainder of KRW 140 million on December 5, 2015, and paid KRW 20 million to the Defendant on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-2, and 2-2, the purport of the whole pleadings

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion 1) requested the Defendant to cancel the instant sales contract on the grounds that C did not perform the obligation to cancel the registration of cancellation of the registration of the establishment of a neighboring mortgage established on the instant real estate, and the Plaintiff, the Defendant, and C changed the purchaser of the instant sales contract to the Plaintiff, and the down payment paid by C changed the buyer from the instant sales contract to the Plaintiff to the Plaintiff on November 7, 2015, with the agreement that the Plaintiff returned the down payment to the Plaintiff, and entered into the sales contract without any change in any other content into the sales contract (Evidence A No. 2-1) to the Plaintiff on November 7, 2015, and the Plaintiff paid KRW 30 million out of the intermediate payment to the Defendant via D. Therefore, the Plaintiff and the Defendant entered into a sales contract with the same content as the Plaintiff’s evidence No. 2-1, and the Plaintiff succeeded to the status of the purchaser under the instant sales contract, the Defendant received KRW 160 million from the Plaintiff [2.1 million won, -5 million total intermediate payment of the instant real estate ＋ amount of KRW 30 million.