On February 20, 2018, the Plaintiff transferred KRW 20 million to Defendant B’s bank account under the name of part of the contract amount for the above apartment on February 20, 2018, according to the guidance of the Plaintiff’s real estate broker (Witness F).

(Ground for recognition: A. B. On February 20, 2018, the Plaintiff concluded a sales contract with the Defendants for the said apartment as to KRW 980 million and paid the down payment amount of KRW 20 million as above. Since the Defendants unilaterally rescinded the contract, the Defendants are liable to pay KRW 40 million, which is a double payment of the down payment.

In light of the fact that the contract has not been prepared, and that some of the contract amounts (2% of the purchase price) was remitted, etc., it is insufficient to recognize that the contract was concluded between the Plaintiff and the Defendants solely based on the facts acknowledged earlier and the testimony of Gap 2, and the testimony of F.

Furthermore, there is no evidence that the Defendants agreed to repay the amount of KRW 20 million when they did not enter into a sales contract with the Plaintiff, or set the amount of damages when they did not enter into a sales contract.

However, as long as a sales contract has not been concluded between the Plaintiff and the Defendants, Defendant B is obligated to return the above KRW 20 million to the Plaintiff, and thus, Defendant B’s claim against the Plaintiff partially accepted.