All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

The costs of lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 7, 2018, the Plaintiff purchased the Seo-gu Incheon Seo-gu Apartment D (hereinafter “instant apartment”) from the Defendant for KRW 427 billion, and paid the Defendant the down payment KRW 10 million on the same day.

The Plaintiff and the Defendant, at the time of November 15, 2018, set up a sales contract for the instant apartment, and agreed to pay the remainder on December 3, 2018.

(hereinafter) The above sales contract between the Plaintiff and the Defendant is called “instant sales contract.”

However, a sales contract regarding the instant apartment was not prepared between the Plaintiff and the Defendant, and the Defendant sold the instant apartment to E on November 17, 2018 and completed the registration of ownership transfer on December 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 5, witness F's testimony, the purport of the whole pleadings

2. Determination on the main claim

A. While the Plaintiff’s assertion and the Defendant agreed on the postponement of the remainder payment date and the occupancy time under the instant sales contract, the Defendant sold the instant apartment to another person in violation of the instant sales contract and transferred its ownership.

Therefore, the defendant should return 10 million won to the plaintiff as contract deposit, and pay 10 million won penalty due to non-performance of obligation.

B. The written evidence evidence Nos. 1 and 4 alone is insufficient to acknowledge that the Defendant disposed of the instant apartment to a third party in violation of the instant sales contract, and there is no other evidence to acknowledge it.

Rather, according to the witness F’s testimony, on November 14, 2018, prior to the scheduled date of the preparation of the instant sales contract, the Plaintiff is only deemed to have expressed his intent not to purchase the instant apartment on November 14, 2018, and sold it to another person by the Defendant. Thus, the Plaintiff waived the down payment of KRW 10 million with the nature of the cancellation fee.