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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 19, 2015, the Defendant: (a) went to leave the instant land on October 19, 2015; (b) met D and E; and (c) asked E the market price of the said land to contact D thereafter.
B. The Plaintiff asked whether E wishes to purchase the instant land, and the Plaintiff decided to purchase the instant land.
D The account number received from the Defendant was known to E, and the Plaintiff deposited KRW 20,000,000 on October 20, 2015 to the account that the Plaintiff informed to the Plaintiff, and the Defendant’s passbook was indicated as “the sales contract deposit,” but the name of the Plaintiff was not stated.
After receiving the above money, the Defendant sent the text message “Icheon Won’s cell phone deposit confirmation” to E.S. mobile phone.
C. On November 3, 2015, E sought an address from the Defendant and notified the Defendant of the address.
E prepared documents necessary to apply for a building permit, such as change of form and quality of land, and proposed to pay KRW 100,000,000 per week, but the defendant refused to do so.
E and the Defendant set the purchaser of the instant land in Jeju on November 16, 2015, and notified on November 14, 201, Saturday that the Defendant did not intend to sell the instant land to E, and that the Defendant would return KRW 20,000,000 that he received.
Although the defendant requested E to notify the personal information of the person who deposited the above money and the account number that can be returned, the defendant did not answer E.
E. On November 15, 2015, the Plaintiff remitted KRW 50,000,000, and KRW 08:40,000 on November 16, 2015 to the Defendant’s account, respectively.
F. The Defendant confirmed that the money was deposited as above, sent a text message to deposit the money deposited at his port from E on November 16, 2015, but E did not receive the Defendant’s phone without a reply.
On November 17, 2015, the defendant sent a text message to E to inform the purchaser's personal information and account, but E.