A. The defendant is the executor of the Young-gu B commercial building in Suwon-si.

B. On June 23, 2015, the Plaintiff: (a) sold the said shopping mall No. 302 (hereinafter “instant shopping mall”) from the Defendant to KRW 550,881,00; (b) KRW 30,00,000, out of the down payment of KRW 175,180,158, the down payment of KRW 175,180,000, the remainder of KRW 145,180,158, when entering into a sales contract on June 23, 2015 (hereinafter “instant agreement”); and accordingly, (c) remitted the money of KRW 30,00,000 to the Defendant on the same day (hereinafter “instant money”).

C. On June 24, 2015, the following day, the Plaintiff demanded the return of the instant money by notifying the Defendant that he/she did not intend to conclude the sales contract for the instant commercial building, but the Defendant merely offered that he/she would reduce the down payment to KRW 58,393,386, and rejected the return thereof.

On the other hand, the commercial building of this case was sold to C on October 30, 2015, and the transfer registration of ownership was completed on December 17, 2015.

[Ground of recognition] Facts without dispute, entry in Eul evidence Nos. 1 through 4 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the plaintiff did not enter into a sales contract with the defendant for the commercial buildings of this case on a regular basis, and since no separate contract was made at the time of the agreement of this case, as long as the plaintiff withdraws his intention to enter into the sales contract for the commercial buildings of this case, the defendant asserts that he has the obligation to refund the money of this case and the damages for delay

(b)in order to establish a judgment on the cause of the claim, the agreement between the parties is required to be reached, and such agreement is not required with respect to any matter constituting the content of the contract in question, but there is a specific agreement of, or at least specific in the future with respect to, its essential or important matters.