1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is the owner of the real estate indicated in the attached Form (hereinafter “instant real estate”). On March 23, 2016, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 1,250,000,000, term of lease of the instant real estate from July 1, 2016 to June 30, 2018 (hereinafter “instant lease agreement”) and entered into a lease agreement with the Defendant with his/her family members from July 1, 2016 to June 30, 2018 (hereinafter “instant lease agreement”).

B. Around August 2017, the Defendant’s wife requested several brokerage offices, including the “E” brokerage offices located in Gangnam-gu Seoul Metropolitan Government D, to sell real estate of this case, and the Plaintiff was aware of the fact that around January 2018, the Plaintiff purchased apartment to live with his family members.

C. On January 23, 2018, in consultation with the Plaintiff, F Licensed Real Estate Agent F sent a text message stating that “I will enter into a contract with respect to the instant real estate in KRW 1,875,00,000, and once once you send the down payment of KRW 50,000,000,” and C sent a text message stating that “I will prepare after February 8, 2018.”

The Plaintiff transferred KRW 20,00,000, and KRW 30,000,00 on January 23, 2018, to the Defendant G Bank account known by C according to the content of the foregoing text message, respectively.

E. On February 7, 2018, C sent a text message to F, “The difference in the amount presented as the purchase price of the instant real estate is to be considered more.”

F. On February 14, 2018, the Plaintiff remitted KRW 150,000,000 to the Defendant G Bank account. On March 23, 2018, the Defendant deposited KRW 200,000,000 (= KRW 30,000,000,000) in total, which the Plaintiff sent to the Seoul Central District Court as the principal deposit, with the Plaintiff as the principal deposit (= KRW 200,000,000).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, 8, 10, Eul evidence 2, 7, 12.