1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 14, 2016, the Plaintiff entered into a contract with the Defendant to purchase D 1,530 square meters and above-ground buildings in Namyang-si, Namyang-si (hereinafter “instant contract”), and agreed to pay the down payment of KRW 100 million on the date of the contract, and to pay the intermediate payment of KRW 150 million in the event the permission for plant-related facilities was granted, respectively, on April 30, 2016. The key contents of the instant contract are as follows.

Article 6 (Cancellation of Contract) When a buyer delivers money or goods to a seller as a down payment or a security deposit at the time of the contract, unless there is any other agreement, the seller may repay a double of the down payment, and the buyer may waive the down payment and rescind this contract, until he pays the balance, unless there is any other agreement.

The substance of the special agreement - KRW 290,000,000,000,000 for the purchase and sale of the building, and KRW 91,00,000,00 for the purchase and sale of the land - The purchaser shall bear only construction costs, and the seller shall bear all of the permission and registration costs related to the construction of the plant-related facilities,

- The balance date may be changed, subject to consultation. (b)

On March 2016, the Defendant agreed to cancel the instant contract with the Plaintiff, and on April 12, 2016, the Plaintiff returned KRW 40 million out of the down payment to the Plaintiff.

[Ground for recognition] Facts without dispute, Gap evidence of subparagraphs 1 through 4 (including branch numbers for those with branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion is that the Defendant agreed to return the down payment of KRW 100 million to the Plaintiff while cancelling the instant contract between the Plaintiff and the Plaintiff, but only the Plaintiff returned the down payment of KRW 40 million, so the Defendant is liable to pay the remainder down payment of KRW 60 million and delay damages to the Plaintiff.

B. According to the statement in Gap evidence Nos. 5 through 7, the contract of this case was mediated.