1. The Defendant shall pay to the Plaintiff KRW 1,00,000 and the interest rate of KRW 15% per annum from December 9, 2015 to the date of complete payment.

1. Basic facts

A. On September 12, 2015, the Plaintiff introduced, at the office of the C Licensed Real Estate Agent located in the Busan Seo-gu, Busan, an apartment building D, 101 Dong 302 (hereinafter “instant apartment”) owned by the Defendant on September 14, 2015, the Plaintiff visited and opened the said apartment on September 14, 2015.

B. On September 14, 2015, the Defendant phoneed to the Plaintiff on September 14, 2015, and called to transfer the sales price of the instant apartment to KRW 410 million, but to KRW 1 million once in advance. The Plaintiff wired KRW 1 million to the account in the name of the Defendant.

C. On September 15, 2015, around 15:00, the Plaintiff agreed to prepare a sales contract by discussing the issue of debt acquisition with respect to the instant apartment at the location of the party branch of the National Bank of Korea, and by making a down payment of KRW 30 million as the down payment.

However, unlike the original promise on September 15, 2015, the Defendant returned KRW 1 million to the Plaintiff through a licensed real estate agent office around 12:30 on September 15, 2015, and sold the instant apartment at KRW 413 million to others.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4 and 7, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant reversed the sales contract of the apartment of this case without any justifiable reason, and the defendant is obligated to pay to the plaintiff the contract deposit of this case 30 million won which is a double of the contract deposit of oral agreement and damages for delay.

B. It is reasonable to view that the Plaintiff, at the time of payment of KRW 1 million to the Defendant, had the agreement between the Plaintiff and the Defendant on the subject matter and the price of the sales contract, and that the sales contract for the apartment of this case was concluded between the Plaintiff and the Defendant.

When a contract of sale is concluded and one of the parties to trade has delivered money to the other party as contract deposit, etc. at the time of contract, one of the parties shall commence performance, unless otherwise agreed by the parties.