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

Purport of claim and appeal

1...

On February 24, 2016, the Plaintiff transferred KRW 10,000,00 to the account in the name of the Defendant, which was negotiated through the real estate brokerage office, in order to purchase the non-residential building No. 2-270 on the second floor of the non-residential building D, Jung-gu, Seoul (hereinafter “instant real estate”).

On March 4, 2016, the Plaintiff notified the real estate broker that he/she had no intention to purchase the instant real estate.

[Reasons] Facts without dispute, Gap evidence Nos. 1, 6, and 7, the purport of the entire pleadings, the allegations by the parties concerned, and 10,000,000 won, which the plaintiff transferred to the defendant by the plaintiff's assertion by the plaintiff, may be deemed as a provisional contract amount premised on the conclusion of the sales contract for the real estate of this case. Since this contract was not actually concluded between the plaintiff and the defendant, the defendant is obligated to return the above KRW 10,00,000 to the plaintiff as unjust enrichment.

The contract was prepared under the name of the Defendant’s assertion, the Defendant, and C as the provisional contract, and the Plaintiff transferred KRW 10,000,000 to the Defendant as part of the contract deposit for the instant real estate.

However, as the Plaintiff demanded the return of the said money to cancel the contract, the Plaintiff is obligated to pay the Defendant the down payment of KRW 10,000,000 as a penalty, or the said money should be legally reverted to the Defendant and C with the down payment according to the special agreement stipulated in the provisional contract.

Judgment

In order to establish a contract for the establishment of a sales contract for the instant real estate, it is required that there is an agreement between the parties to the contract, and such agreement should not be required with respect to all matters constituting the content of the pertinent contract, but there is a specific agreement on the essential matters or important matters or at least an agreement on standards and methods that can be specified in the future.

Supreme Court Decision 201No. 23 delivered on March 23, 2001