The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On June 16, 2020, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant and succeeded to the obligation to refund the lease deposit equivalent to KRW 20 million among them, and the down payment amount of KRW 5 million shall be paid on July 31, 2020 at the time of the contract, the remainder of KRW 35 million shall be paid on July 31, 2020. The Defendant entered into a sales contract (hereinafter “instant contract”) with the Defendant to cancel the registration of the establishment of a collateral security (Seoul Southern District Court’s registration office No. 11028, Jan. 15, 2020; hereinafter “instant collateral security”).

B. The Plaintiff paid KRW 5 million to the Defendant on the date of the instant contract.

C. On July 29, 2020, the Defendant notified the Plaintiff of the rescission of the instant contract. Accordingly, on July 30, 2020, the Plaintiff sent a content-certified mail demanding the performance of the contract, and on the same day, remitted KRW 1 million to the Plaintiff.

On November 3, 2020, the Defendant deposited KRW 11 million as the cause of deposit, “The Defendant, on July 19, 2020, notified the Plaintiff of the rescission of the instant contract. In accordance with Article 6 of the instant contract, the Defendant intended to pay KRW 10 million, a double of the down payment, and KRW 11 million, but refuses to receive and deposit the contract.”

[Ground of recognition] Facts without dispute, Gap 1 through 7, Eul 1 and 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant, barring special circumstances, received from the Plaintiff the payment of KRW 284 million out of the remainder (i.e., purchase price of KRW 310 million - down payment of KRW 50 million - down payment of KRW 1 million - lease deposit of KRW 20 million) from the Plaintiff, and simultaneously implements the procedures for the registration of ownership transfer and the registration of cancellation of the right to collateral security of this case for reasons under the instant contract.