The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On July 3, 2020, the Plaintiff decided to purchase Songpa-gu Seoul Metropolitan Government apartment D unit (hereinafter “instant apartment”) owned by the Defendant from the Defendant for KRW 750 million, and paid KRW 30 million as part of the down payment to the Defendant on the same day.

On July 3, 2020, the amount of KRW 30 million out of the down payment of KRW 750 million is deposited into the Defendant’s account on July 3, 2020, and the remaining KRW 45 million is paid at the same time as the contract is made on July 11, 2020.

100 million won shall be paid on August 2 of part payments.

Any balance shall be paid in KRW 575 million on October 31, 2020 on the remaining date.

Any balance date may be adjusted within 10 days in the front and rear by mutual agreement.

When the contract is terminated, the seller shall compensate for the amount of the down payment, and the buyer shall waive the down payment.

The contents of the text message sent to the Plaintiff by a certified broker delegated by the Defendant in relation to the above contract are as follows, and the Plaintiff consented thereto.

B. On July 8, 2020, the Defendant paid to the Plaintiff KRW 60 million to the account designated by the Plaintiff, indicating that he would refund the down payment that he received to the Plaintiff and would not sell the instant apartment.

On the same day, the plaintiff confirmed the payment of compensation amount to the defendant's authorized broker.

“The message sent sent the message.”

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff and the Defendant concluded a sales contract for the instant apartment on July 3, 2020, and the sales price is KRW 750 million, and the intermediate payment is KRW 750 million.

In order for the seller to cancel the sales contract at the time of receiving only a part of the down payment, the seller shall reimburse the agreed down payment that is not the actual down payment, so the Defendant shall make the Plaintiff a sales contract with KRW 75 million as a cancellation fee to cancel the sales contract for the apartment of this case.