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. Basic facts

A. On February 10, 2015, the Plaintiff negotiated with the Defendant on the sales contract of B forest No. 3874m2, C forest No. 5015m2, D forest No. 9230m2 (hereinafter “each of the instant real estate”), which is the Defendant’s ownership, and transferred KRW 20 million to the Defendant.

B. On February 11, 2015, the following day, the Plaintiff notified the Defendant that he/she did not wish to purchase each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, and 3-3, each entry in Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion and the defendant set forth the specific contents of the sales contract later, and the plaintiff transfers the amount of KRW 20 million to the defendant first, and if the sales contract is not concluded, the defendant agreed to return it to the plaintiff. Since the plaintiff and the defendant did not form a sales contract between the plaintiff and the defendant, the defendant must return the above amount of KRW 20 million to the plaintiff in accordance with the above return agreement.

B. The Plaintiff and the Defendant alleged that they concluded a sales contract with the purchase price of KRW 950 million for each of the instant real estate. The Plaintiff transferred part of the down payment to the Defendant as part of the down payment. On the following day, the Plaintiff renounced down the down payment by expressing the intent to cancel the said sales contract, and thus, the Defendant did not have the obligation to return the said KRW 20 million to the Plaintiff.

3. The judgment of this Court

A. In full view of the legal nature of the above KRW 20 million, which the Plaintiff first remitted to the Defendant, the Plaintiff and the Defendant concluded a sales contract with the purchase price of each real estate of this case as KRW 950 million on February 10, 2015, and the Plaintiff first remitted the money to the Defendant as KRW 20 million on the date following the date, and the specific matters set out in the agreement.