1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 30, 2014, the Plaintiff entered into a sales contract with C (or D urban environment rearrangement project association) with a fixed price of KRW 220,400,000 for Goyang-gu E apartment 101 Dong 1205 (hereinafter “instant apartment”), and paid KRW 10,000,000 as the down payment to C on the same day. The Plaintiff agreed to pay the intermediate payment of KRW 132,240,000 as the down payment on June 30, 2014, and the remainder of KRW 78,160,00 as the remainder, KRW 132,240,00 as the down payment.

B. However, on June 10, 2014 regarding the instant apartment, the provisional attachment of KRW 233,916,000, the amount claimed in the name of creditor F, and the provisional attachment of KRW 532,596,290, respectively, on June 23, 2014.

C. On June 30, 2014, the date of intermediate payment, the Plaintiff confirmed that such provisional seizure has been made. On July 8, 2014, the Plaintiff notified the Defendant of the cancellation of the instant sales contract on the grounds of the Defendant’s breach of contract, and the payment of KRW 20,000,000 in total, and penalty of KRW 10,000,000,000.

On April 10, 2015, the Defendant deposited KRW 10,000,00 in the name of the return of down payment following the cancellation of the instant sales contract with the Plaintiff as the principal deposit.

[Ground of recognition] Evidence Nos. 2 through 6, Evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was terminated by mistake that the Defendant did not take appropriate measures against the provisional seizure for the instant apartment. Accordingly, the Plaintiff suffered mental suffering, such as having difficulty in creating a new divorce house.

Article 5 of the sales contract (Evidence A 4) of the instant case provides that the Plaintiff shall compensate the Plaintiff for KRW 20,000,000, which is a double of the down payment, if the Plaintiff becomes unable to perform the instant sales contract due to the Defendant’s mistake. The Defendant deposited KRW 10,000,000 among them.

Therefore, the Defendant concluded the instant contract to the Plaintiff.