A. On August 18, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 310 million (hereinafter “instant sales contract”) of the amount of KRW 258 square meters of the land site C in Ulsan-gu, Ulsan-gu, and the luxal tank lux roof 258 square meters of the ground and KRW 97.13 square meters of the housing site in the luxal roof (hereinafter “instant real estate”), and paid the down payment of KRW 31 million to the Defendant on the date of the contract.

B. On December 12, 2017, the Plaintiff indicated that the instant sales contract was rescinded by agreement between the Plaintiff and the Defendant, and that the Defendant returned the down payment until October 2, 2017, but did not receive the refund, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2-1, 2, and 3-1, 2-3, the purport of the argument before oral argument

2. The assertion and judgment

A. After the conclusion of the instant sales contract, the Plaintiff’s assertion was demanded by Nonparty D, who is currently living together with the Defendant, to cancel the instant sales contract as Nonparty D’s own ownership.

Accordingly, the Defendant decided to cancel the instant sales contract after confirming the Defendant, and the Defendant decided to return the down payment, but did not comply therewith, thereby seeking the return of the down payment.

B. (1) In light of the following circumstances acknowledged by the evidence submitted by the Plaintiff and the purport of the pleading, it is deemed that the original and the Defendant agreed to cancel the instant sales contract and the Defendant decided to return the down payment.

① According to the recording on October 24, 2017 (A6), the defendant dialogues with the plaintiff and refers to the following:

즉, ‘저도 막 대출을 여기저기 받아볼라 하는데 또 뭐가 매끄럽지 않고 뭐 좀 그렇네요’, ‘아후 그러게 제가 뭘, 그 때는 뭔가가 확실하게 된다고 했고, 그래서 제가 정말 장담, 그렇게 했는데, 드린다고.’,...