2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. On November 14, 2015, the Plaintiff introduced that the land and its ground buildings owned by the Defendant (hereinafter “instant real estate”) were deposited in KRW 1.8 billion by a licensed real estate agent C, and expressed his/her intention to purchase the instant real estate to C, and then remitted KRW 20 million to the account in the name of the Defendant.

B. On November 20, 2015, the Plaintiff notified C of the absence of intent to purchase the instant real estate.

C. The instant real estate was composed of 28 rooms, and 26 rooms were leased as of November 14, 2015, and the amount of lease deposit was KRW 1.29 billion.

The instant real estate was established with the right to collateral security of KRW 487,500,000 for a mortgagee of the right to collateral security, Korea Agricultural Cooperatives, the maximum debt amount.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1 through 4, Eul's each statement of evidence No. 1, and the whole purport of pleading as to the plaintiff's assertion of the whole purport of pleading, which cannot be seen as having concluded the real estate sales contract of this case since the terms and conditions of the contract for the plaintiff's assertion of the parties to the lawsuit were not confirmed,

Since the above provisional contract amount was received on the premise that it will be returned if the principal contract for the sale was not concluded, as long as the principal contract for the sale was not concluded between the original defendant, the defendant is obligated to return the above provisional contract amount to the plaintiff as unjust enrichment.

When the plaintiff alleged by the defendant remitted KRW 20 million to the defendant, the real estate sales contract of this case was already concluded, and the above KRW 20 million is presumed to have been cancelled pursuant to Article 565 (1) of the Civil Act. Since the plaintiff unilaterally cancelled the real estate sales contract of this case, the defendant may confiscate the above KRW 20 million, which is the cancellation money.

In other words, since the contract for down payment was concluded between the original defendant along with the main contract, the above KRW 20 million is the cancellation fee.

Judgment

The above evidence, witness E, witness E, and the whole of the pleadings.