The defendant's appeal is dismissed.

1. The summary of the grounds for appeal D is that since it is necessary to promptly dispose of the 961 Dong Dong 402 (hereinafter “the instant real estate”) in Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si (hereinafter “the instant real estate”), F would return the down payment, and the Defendant asked to cancel the sales contract for the instant real estate. Thus, the Defendant testified as true at the court of Suwon-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si (hereinafter “the instant real estate”).

2. The following circumstances acknowledged by the records of this case, i.e., ① there is no call from the investigation agency to the court of the court below that the defendant would return the down payment received under the sales contract of this case consistently from the investigation agency to the court of the court below; ② there is a statement that the defendant refused to return the down payment from the defendant; ② it is difficult to easily understand that the defendant would return the down payment of this case which was entered into with the defendant, who is a relative of the defendant, or the plaintiff, according to the introduction of the defendant, under the circumstance that D did not receive a large amount of claim 1.6 billion won against the defendant; ③ the defendant stated that it was difficult to return the down payment by himself; ④ According to the prosecutor's protocol of interrogation of the defendant by the prosecutor's office, the issue of the loan was not responsible from the defendant's side; ④ The loan was not extended to the defendant, and it was not immediately loaned from the Saemaeul safe.