1. The plaintiff's claim is dismissed.

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

Plaintiff’s assertion

On January 20, 2016, the Plaintiff did not receive the down payment from the Defendant, the buyer, at the time of concluding a sales contract for the C building No. 301, the Incheon Metropolitan Government, and D, the joint seller, received the down payment of KRW 15,000.

Therefore, there is no obligation to return KRW 7,500,00 that corresponds to 1/2 of the down payment against the defendant.

Judgment

In the Incheon District Court Decision 2016Gapo45211, which filed against the Plaintiff and D, the Defendant rendered a favorable judgment on December 2, 2016 that the Plaintiff is obligated to pay the Defendant the said down payment of KRW 7,500,000 and damages for delay corresponding to 1/2 of the said down payment. Although the Plaintiff appealed on December 23, 2016 regarding the said judgment, the Plaintiff was dismissed from appeal against the Plaintiff on October 11, 2017, and the fact that the said judgment became final and conclusive is recognized by the statement in Eul (including the provisional number) or is significant to this court.

Therefore, in the lawsuit of this case where the plaintiff asserted that he did not receive the down payment, and that there was no obligation to return the down payment, the plaintiff's claim of this case is bound to be dismissed by res judicata of the above final and conclusive judgment.

(See Supreme Court Decision 94Da8037 delivered on September 9, 1994). Conclusion, the Plaintiff’s claim of this case is dismissed.