매매대금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the Plaintiff’s additional modification or deletion as to the assertion added in the trial of the court of first instance, and therefore, it is acceptable as it is in accordance with Article 420 of the Civil Procedure Act.
2.The addition, modification and deletion shall add from the second bottom to the third bottom of the 2nd:
The instant sales contract was concluded under the condition that the obligation to cooperate in the loan prior to the registration of ownership transfer or the installment payment of the balance, the method, the timing, etc. was not determined, and the contract was not completed even thereafter, and thus, the Defendant shall return the amount of KRW 30 million received from the Plaintiff as unjust enrichment without any legal cause.” From the 3rd bottom of the same, the following is added between the five and the six.
“A. We examine whether the instant sales contract was not concluded.” In order to establish the contract, there must be a mutual agreement between the parties as to the terms and conditions of the contract. The agreement is not required regarding all matters that form the substance of the contract, and there is sufficient agreement on the essential matters or the standards and methods for specifying the important matters in the future at least the future. Meanwhile, barring any special circumstance, it is reasonable to deem that the instant contract was not concluded, barring any special circumstance, where the parties did not reach an agreement on the matters that the agreement should be reached with respect to the intent (see, e.g., Supreme Court Decision 2015Da34437, May 30, 2017). The fact that, at the time of the conclusion of the instant sales contract, the subject matter of the sales contract, the amount of the sales price, the timing
As seen in this paragraph, the obligation to cooperate with the Plaintiff prior to the registration of ownership transfer, and whether and when the balance is paid in installments.