1. The plaintiff's claim is dismissed.

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

1. Summary of the plaintiff's assertion

A. The primary assertion was made by the Plaintiff through a licensed real estate agent C, who is a deceased real estate agent C, to pay KRW 400 million as the provisional contract amount when entering into a sales contract or at least a provisional contract on D land and ground buildings owned by the Defendant (hereinafter “instant real estate”).

However, as the defendant unilaterally waives the above sales contract or provisional contract, the plaintiff is obligated to pay to the plaintiff an amount equal to the above provisional contract. The plaintiff claims against the defendant for the payment of 400 million won and damages for delay, excluding 400 million won deposited by the defendant.

B. Preliminary assertion that C was authorized by the Defendant to pay KRW 100 million for the instant real estate sales contract or provisional contract, and presented KRW 400 million within its authority as provisional contract deposit, and upon acceptance by C, C actually paid KRW 400 million as provisional contract deposit. Since the instant act constitutes expression agency, the Defendant is liable to the Plaintiff for KRW 400 million as provisional contract deposit.

2. Determination

A. Judgment 1 on the primary argument

According to each description of the witness C and some testimony of the witness C, the following facts may be recognized:

① Around May 2017, the Defendant residing in the United States requested C Licensed Real Estate Agent C to mediate the sale of the instant real estate.

② Upon introducing the Plaintiff to the Defendant as the purchaser of the instant real estate, C shall pay the Plaintiff the total purchase price of KRW 6.5 billion around August 15, 2017, and the provisional contract amount shall be KRW 100 million to the Defendant’s account on August 16, 2017, and the remainder of the down payment shall be KRW 50 million on the date of the preparation of the principal contract, and the intermediate payment shall be paid KRW 2.6 billion after one month from the date of the payment of the intermediate payment, and KRW 3.25 billion after 15 days from the date of the payment of the intermediate payment.

The buyer shall be prior to the date of the preparation of the present contract.