증거금반환 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. On September 1, 2018, the Plaintiff, who is the Defendant’s possession, decided to purchase the Plaintiff’s housing and stores on the 127.9 square meters and the 2nd floor thereof (hereinafter “instant real estate”). On the same day, the Plaintiff paid KRW 5 million to the Defendant, including KRW 5 million and KRW 5 million on September 3, 2018 (hereinafter “instant money”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings
2. The assertion and judgment
A. The parties’ assertion (1) caused a negotiation conference on the method and timing of payment of KRW 20 million in the balance of the contract between the Plaintiff and the Defendant, etc., and thus, the sales contract of the instant real estate was not concluded. The Defendant is obligated to refund KRW 10 million in the instant money paid by the Defendant to the Plaintiff as a provisional contract deposit or deposit money.
(2) The sales contract for the instant real estate between the Plaintiff and the Defendant was concluded orally on September 3, 2018, and the Plaintiff renounced the instant money paid as part of the down payment, and rescinded the said sales contract. Article 565(1) of the Civil Act provides that “When one of the parties to the sale delivers money and other things to the other party as the down payment, deposit, etc. at the time of the contract, the Defendant may waive it until the time one of the parties to the transaction commences performance, and the receiver may rescind the sales contract in return for the double amount, unless otherwise agreed by the parties.
(2) The above amount may be forfeited according to the rules of the court.
B. (1) For the formation of a contract, there is a need for an agreement between the parties on the essential or important matters of the contract in question, even though the agreement is not required for all matters which form the content of the contract in question, and there is an agreement on the standards and methods that may be specified in detail or at least in the future.