1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 3, 2011, the Plaintiff and the Defendant concluded a sales contract with the following terms and conditions that the Plaintiff would purchase the Defendant’s trees (hereinafter “instant sales contract”; the subject matter of the sale is “the instant tree”; and the land planted by the instant tree is “the instant land”; and the Plaintiff paid KRW 3 million out of the purchase price to the Defendant.

Subject matter of sale: One share of 300 years of receipt and one share of 100 years of receipt on the land of Daejeon Seo-gu Daejeon-gu, Daejeon-gu, and five million won of 5 million won in case of receipt, and three million won of down payment shall be paid on the contract date, and the balance shall be paid on December 30, 2012.

B. On April 7, 2016, the Defendant notified the Plaintiff that “The Plaintiff entered into a sales contract on the condition that the Plaintiff would be able to receive compensation by engaging in flat work on the instant land, and pay the balance by December 30, 2012. The Plaintiff did not pay the balance on the remaining payment date, and the instant sales contract is terminated due to the lack of land flat work.”

C. On April 8, 2016, the Defendant sold one share of the instant trees to a third party at KRW 24 million.

On April 11, 2016, the Plaintiff deposited the remainder of the instant sales contract with the Defendant as the principal deposit and deposited the remainder of KRW 2 million.

[Reasons for Recognition] Facts without a partial dispute, Gap 3 evidence, Eul 1 evidence, Eul 5 and 6 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion 1) After receiving down payment and intermediate payment from the plaintiff, the defendant sold scar tree double among the instant trees to the plaintiff and committed an illegal act that has lost the plaintiff's trust, and even though the defendant was obligated to deliver the instant trees to the plaintiff, he sold scar tree to the other party and became unable to perform, so the defendant is liable to compensate the plaintiff for damages caused by a tort or a default. 2)