The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On January 13, 2020, the Plaintiff concluded a contract under which the Defendant purchases the instant real estate from the Defendant (hereinafter “the instant sales contract”) for the purchase of KRW 380,000,000 (payment of KRW 30,000,000 in the event of a down payment of KRW 30,000,000, an intermediate payment of KRW 20,000 on February 28, 2020, KRW 330,000,000 in 29, May 29, 2020). On the same day, the Plaintiff paid KRW 30,000,000 to the Defendant for down payment.

B. On February 20, 2020, the Plaintiff transferred KRW 20,000,000 to the Defendant’s account at around 22:07.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including various numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. On February 20, 2020, the Plaintiff asserts that since the Plaintiff started to implement the instant sales contract by paying intermediate payments to the Defendant on February 20, 2020, the Defendant cannot repay the down payment, rescind the instant sales contract, and receive the remainder from the Plaintiff, and shall perform the transfer and delivery of the ownership of the instant real estate.

On February 20, 2020, the defendant delivered to the plaintiff through a certified broker the intention to repay the amount of the down payment and cancel the sales contract of this case. Since the plaintiff remitted the amount of KRW 20,000,000 to the defendant himself, the transfer of the above money by the plaintiff does not affect the defendant's exercise of the right to cancel the contract. The defendant deposited the down payment (30,000,000 won) for the plaintiff on February 26, 2020 and deposited the down payment (30,000,000 won) and the total of KRW 20,000,000 for the plaintiff, and thus, the sales contract of this case was lawfully rescinded, and thus the plaintiff cannot respond to the plaintiff's claim.

B. We examine whether the instant sales contract was rescinded.

1) The seller expresses his/her intention to cancel the contract under Article 565 of the Civil Code and demands the receipt of the cancellation money by a given time limit and deposits in excess of the time limit.

At least once a notice has been given, the seller shall be the seller.