1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 13, 2015, the Plaintiff entered into a sales contract with the Defendant on December 16, 2015, setting the purchase price of KRW 270 million (the balance of KRW 25 million, KRW 245 million), as shown in the attached Form No. 2, as to the Seoul Yangcheon-gu Seoul apartment 104 (hereinafter “instant apartment”), as to the purchase price of KRW 270 million (the remainder of KRW 25 million, KRW 245 million), and the remainder payment date as of December 16, 2015.

(hereinafter “instant sales contract”). B.

The Plaintiff paid the Defendant a down payment of KRW 25 million by November 26, 2015, but failed to pay the remainder by December 16, 2015, which is the remainder payment date.

The mother-friendly D and the Defendant, who are the Plaintiff’s agent, paid the remainder on December 16, 2015 to December 30, 2015, and made a written agreement (see Evidence A No. 3; hereinafter “instant agreement”) stating that if the Plaintiff fails to comply with the said agreement, the down payment shall be a penalty for breach of contract.

C. On December 30, 2015, the Defendant arrived at the E Licensed Real Estate Agent’s office, which is the place where the remainder is paid, with the documents necessary for the registration of ownership transfer of the instant apartment. However, the Plaintiff did not go to this place and did not pay any balance.

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 to 3, testimony and purport of whole pleadings

2. The allegations and judgment of the parties

A. Although the gist of the Plaintiff’s assertion 1 as to the Plaintiff’s assertion was not paid the remainder on December 30, 2015, which is the payment date of the remainder, the Defendant did not demand the Plaintiff to pay the remainder within a reasonable period after the payment date of the remainder.

Rather, as the Defendant clearly expressed his intent to refuse performance of obligation with respect to the Plaintiff’s notice of performance on January 12, 2016, the instant sales contract was rescinded by the Defendant’s nonperformance of obligation.

Therefore, the defendant shall return the down payment of KRW 25 million received from the plaintiff as unjust enrichment, and the defendant shall be liable to pay the down payment of KRW 25 million as damages in accordance with Articles 5 and 6 of the instant sales contract.