1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) C on 1,782.

1. Basic facts

A. On July 14, 2017, Defendant B: (a) sold D Apartment E (hereinafter “instant real estate”) owned by the Plaintiff at KRW 45 billion; (b) concluded a sales contract with the Plaintiff on July 14, 2017, with the content that KRW 20 million out of the down payment of KRW 40 million, the remainder of KRW 20 million on the contractual date; and (c) the intermediate payment of KRW 10 million on July 17, 2017; and (d) the remainder of KRW 350,5 million on September 19, 2017, and the remainder of KRW 350 million on November 24, 2017.

(hereinafter “instant sales contract”). At the time, Defendant C, a licensed real estate agent, had jointly arranged the instant sales contract in the buyer’s side, and F in the seller’s side.

B. The Plaintiff paid down payment and intermediate payment by September 19, 2017, but did not pay any balance on November 24, 2017, which is the remainder payment date.

C. On November 24, 2017, Defendant B returned KRW 320 million to G, who is the former lessee, to G, and on November 27, 2017, for the purpose of raising the funds, Defendant B borrowed KRW 165 million from H bank after completing the registration of creation of a mortgage on the basis of the maximum debt amount in the name of H bank in the instant real estate on November 27, 2017.

On December 4, 2017, Defendant B notified the Plaintiff of the payment of the remainder by sending the certificate of content to the Plaintiff. As the Plaintiff did not pay the remainder within the maximum period, Defendant B returned the intermediate payment to the Plaintiff, and notified the Plaintiff that the instant sales contract was cancelled on December 18, 2017 by sending the certificate of content, and that the instant sales contract was cancelled and the down payment was confiscated as the down payment for damages following the rescission of the contract pursuant to Article 7 of the sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 1, 3, 10, 14, and 15, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The primary claim against Defendant B is that the Plaintiff purchased the instant real estate with the “act of purchasing a pre-sale and real estate (small-sized investment)” and the remainder of 350 million won at the time of the instant sales contract shall be paid at the time of concluding a new lease contract.