1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On February 6, 2014, the Defendant: (a) purchased the purchase price of KRW 1,522,575,000 for the land for business facilities in Seoan-gu, Seoan-gu, Seoan-gu; (b) KRW 152,257,00 for a down payment of KRW 1,370,317,50 for the remainder at the time of the contract; and (c) until the buyer pays the remainder, the seller pays the down payment to the seller until he pays the remainder; and (d) concluded a land sales contract with the content that the buyer may waives the down payment and cancel the contract (hereinafter “instant land sales contract”); and (d) on the same day, the Defendant paid the down payment of KRW 152,257,000 for ELM Co., Ltd.

B. On May 13, 2015, the Plaintiff entered into a contract with the Defendant for the acquisition or transfer of land rights (hereinafter “instant contract for the acquisition or transfer of land rights”) with the content that the Defendant would transfer the buyer’s right to the instant contract for the purchase of land in KRW 302,257,000,000, plus KRW 150,000,000, as a down payment under the instant contract for the purchase of land. On the same day, the Plaintiff paid KRW 302,257,00 to the Defendant.

C. On January 27, 2016, ELM deposited KRW 304,514,000, a double of the down payment of KRW 152,257,000 in the instant land sales contract, and notified the Defendant of the cancellation of the instant land sales contract.

The defendant received the above deposit amount of KRW 304,514,00 and paid the full amount of the deposit to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. While the primary claim Defendant, while cancelling the instant right acquisition agreement, repaid a double of the down payment, the Defendant did not refund KRW 150,000,000, which was paid as at the time of the instant right acquisition agreement. As such, the Defendant returned KRW 150,000,000 to the Plaintiff as a return of restitution or unjust enrichment following the rescission of the instant right acquisition agreement, which was paid by the Plaintiff.