1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff entered into a delegation contract with C representative D (hereinafter “Plaintiff broker”) for the purchase of apartments.

B. The actual act of the Plaintiff broker is deemed as an employee H or the Plaintiff broker, and shall be stated as above.

On December 30, 2017, the Defendant, the owner of Seocho-gu Seoul E Apartment F (hereinafter “instant apartment”), agreed to conclude a sales contract with the Defendant. On December 30, 2017, the Defendant sent a text message to the Defendant, stating, “E Apartment F, the purchase price: 1.45 million won, the down payment at the time of the contract, 10% of the down payment at the end of February, and the nominal owner: KRW 1 million of the down payment at the account of the Defendant’s new bank.” On December 30, 2017, the Defendant sent a text message to the Defendant.

C. The Defendant received the above text message and sent the Plaintiff’s intermediary a text message stating that “I have been able to confirm”, and the Plaintiff’s broker sent the Defendant a text message stating that “I would have agreed upon the contract date under a written agreement.”

Plaintiff

중개인은 피고에게, 2018. 1. 3. “계약일 담주 화요일 1월 9일 6시 30분 확정되었습니다. G상가에 있는 C으로 오시면 됩니다. 그날 뵈요”라는 내용의, 2018. 1. 9. 16:15경 “오늘 6시 30분. 신분증이랑 도장 지참하시고 사무실에서 뵈요”라는 내용의 각 문자메시지를 보냈다.

E. Upon the Defendant’s request, the Plaintiff changed the contract date to around 12:00 on January 11, 2018, but the Defendant sent a text message to the Plaintiff broker around 9:44 on January 11, 2018, stating that “I would see to 7:0 p.m. monthly contract hours. I would see to see to see the promise.”

F. From January 11, 2018, the Plaintiff transferred KRW 40 million to an account in the name of the Defendant around January 12:31, 2018, as the Defendant did not arrive at the office of the Plaintiff broker, the Plaintiff transferred around January 12:31, 2018 to the account in the name of the Defendant.

G. The Plaintiff and the Defendant met only on January 11, 2018, and the Defendant.