1. The plaintiff's claim is dismissed.

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

1. Facts recognized;

A. The Defendant is the owner of the building site and ground commercial building located in Daegu Suwon-gu C (hereinafter “instant real estate”).

On November 9, 2019, the Plaintiff decided to purchase the instant real estate in KRW 3.5 billion as a broker of Licensed Real Estate Agent D, and remitted KRW 100 million as a provisional contract deposit to the Defendant’s account.

At the time, D sent text messages to the Plaintiff and the Defendant to the effect that “The same effect as the down payment has the same effect as the down payment, and the down payment is a penalty. In the event that the purchaser wishes to cancel the contract due to the change of the parties, the buyer shall not be refunded the down payment, and the seller shall pay double the down payment.” The Plaintiff transferred the text messages to the Defendant’s bank account number as indicated in this text message.

B. The Plaintiff and the Defendant agreed to prepare a sales contract on November 11, 2019, but on this day, the Plaintiff refused to prepare the contract and eventually failed to prepare the sales contract.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) The Plaintiff’s assertion (1) and the Defendant did not enter into a sales contract on the instant real estate, and on the premise that the sales contract was established, the money paid by the Plaintiff to the Defendant was paid without any legal cause, and the Defendant is obligated to return it to the Plaintiff

(2) Even if a sales contract is concluded, the contract deposit agreed upon by both parties is KRW 3.5 million, and the plaintiff paid only KRW 100 million among them, and the contract deposit is not established as a contract deposit as a cancellation fee under the condition that only a part of the contract deposit is paid. Therefore, the contract cancellation of the plaintiff is not based on the contract cancellation fee agreement, and the said money cannot be attributed to the defendant, and the defendant is liable to return it to

B. According to the above facts of recognition, the Plaintiff and the Plaintiff.