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 August 10, 2015, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant apartment”) and completed the registration of ownership transfer on January 2, 2018.

B. On November 1, 2017, the Defendant leased the instant apartment to C with the term of KRW 220 million from December 9, 2017 to December 8, 2019 (hereinafter “instant lease agreement”).

C. On November 25, 2019, the Plaintiff sold F apartment G (hereinafter “F apartment”) to D and E for the purchase price of KRW 300 million.

On December 7, 2019, the Plaintiff purchased the instant apartment from the Defendant at the purchase price of KRW 3550 million (in the event of a contract, the balance of KRW 35 million shall be paid on February 7, 2020) (hereinafter “instant sales contract”). The Plaintiff paid the Defendant the down payment of KRW 35 million on November 30, 2019, and KRW 30 million on December 7, 2019, respectively, to the Defendant.

The Plaintiff’s practicing licensed real estate agent in the instant sales contract operates a brokerage office under the name of “H Licensed Real Estate Agent Office”. Defendant’s practicing licensed real estate agent is K operating a brokerage office under the name of “J Licensed Real Estate Agent Office”.

The main contents of the instant sales contract are as follows.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

[Matters of Special Agreement]

1. The purchaser shall confirm on November 30, 201 the entire registered matters and present on-site facilities and enter into this contract after confirming on November 30, 2019;

2. The seller shall specify the outstanding rent of KRW 220 million on the date of the remainder of the rent of KRW 220 million on which he/she currently resides.

4. The seller shall maintain the current state of rights by the date of the balance;

Seller Account: L Bank MB (hereinafter referred to as “Defendant L Bank Account”).

E. The defendant on January 21, 2020 stated "the account number of the purchaser of the stone" to K.