1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is an agricultural products dealer, and the Defendant is the person who sets up a non-agricultural shed in the amount of 18,700 square meters in Naju City Cri 11,700 and D 7,000 square meters in total (hereinafter “the dry field of this case”).

B. On August 25, 2017, the Plaintiff and the Defendant concluded a sales contract that the Defendant would grow in the dry field of this case and deliver it to the Plaintiff after cultivating the heart.

(Stenographic dry field contract, hereinafter referred to as “instant sales contract”).

According to the instant sales contract, the amount of free payment shall be KRW 224,400,000,000 in total, and the amount of KRW 70,000,000 out of the down payment of KRW 140,000 on August 25, 2017, the date of the instant sales contract, shall be paid, and the same year shall be paid.

9. 20. The remaining down payment was paid KRW 70,000,000, and the remainder amount was paid KRW 84,440,000 on October 20 of the same year.

Accordingly, on August 25, 2017, the Plaintiff paid KRW 70,000,000 to the Defendant out of the down payment.

On September 8, 2017, the Plaintiff, along with E and F, participated in the instant sales contract, examined the dry field of this case with E and F, etc., and made an objection to the Defendant.

E. On October 18, 2017, the Plaintiff entered into a sales contract to transfer to the Plaintiff KRW 65,000,000, after growing off the 5,000 square meters next to the I located in Go Chang-gun, Go Chang-gun.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 5, witness F, Eul's testimony, the purport of whole pleadings

2. The Plaintiff’s assertion that the sales contract of this case is determined to be borne by the Defendant in a case where the Plaintiff suffered losses due to the Defendant’s neglect of management.

In examining the dry field of this case around September 8, 2017, the Plaintiff confirmed that the Defendant’s failure to manage the dry field of this case was dead at 1/5 of the size of the dry field of this case.

Accordingly, on September 9, 2017, the following day, the Plaintiff demanded the Defendant to cancel the instant sales contract, and the Defendant consented thereto, and the Plaintiff agreed to return KRW 70,000,000 from the Defendant.

Nevertheless, this is returned by the defendant.