1. The plaintiff's claim is dismissed.

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

1. Facts recognized;

A. On August 22, 2016, the Defendant concluded a real estate sales contract (hereinafter “instant sales contract”) with the content that the Plaintiff would sell the price of KRW 900 million (the contract amount of KRW 100 million shall be paid at the time of the said contract, and the balance of KRW 800 million shall be paid at December 30, 2016) to the Plaintiff, which is one of its own ownership, for KRW 225 square meters (hereinafter “instant real estate”).

On August 22, 2016, the date of the above contract, the Plaintiff paid the Defendant the down payment of KRW 100 million.

(B) Of them, KRW 50 million was paid as a check to the Defendant at the time of the contract, and the remainder of KRW 50 million was deposited into a bank account in the name of the Defendant on the same day). At the time of the contract of this case, the Plaintiff and the Defendant agreed that “if the seller or the purchaser fails to fulfill the terms of this contract, the other party may demand in writing the nonperformance and cancel the contract. In addition, the contractual party may claim damages arising from the termination of the contract respectively to the other party, and the contract deposit shall be based on compensation for damages, unless otherwise agreed

(Article 6). (b)

On October 12, 2016, the Defendant sent to the Plaintiff the content-certified mail stating that the instant sales contract is null and void since the Defendant entered into a contract with a dementia patient at the time of the instant sales contract with a mental disorder, and thus, the said contract is null and void. Therefore, the Defendant’s notice of rescission and deposit of the contract is to immediately return the down payment KRW 100 million.

On November 14, 2016, the Defendant deposited the Plaintiff as the principal deposit, and deposited the said down payment amount of KRW 100 million with the Busan District Court Branch Branch No. 2523 Decided November 14, 2016. On November 22, 2016, the Plaintiff reserved an objection and received the said deposit without withdrawing it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-8 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the Parties’ arguments.