1. The defendant shall pay 2,500,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

1. Determination as to the cause of claim

A. The fact that the Plaintiff, on September 23, 2014, remitted the amount of KRW 5 million under a provisional contract to the Defendant to purchase Ulsan-gu, Ulsan-gu, 108 Dong 1004 (hereinafter “instant apartment”) owned by the Defendant, and the fact that the Plaintiff and the Defendant had not concluded a sales contract on the instant apartment after the fact that there was no dispute between the parties, or that the fact that the sales contract had not been concluded on the instant apartment between the Plaintiff and the Defendant does not exist between the parties, or that it is recognized by comprehensively considering the overall purport of entry

B. Accordingly, the Defendant is obligated to return to the Plaintiff the amount of KRW 2.5 million claimed by the Plaintiff, among the amount of KRW 5 million received from the Plaintiff.

2. The defendant's assertion and the judgment thereon

A. The Defendant alleged that he had believed the Plaintiff’s intention to purchase the apartment of this case and did not conclude another sales contract for the apartment of this case, and the Defendant transferred KRW 10 million to conclude a sales contract for the apartment of this case.

As such, 5 million won, which the Plaintiff received from the Plaintiff, shall be reverted to the Defendant, because the Plaintiff failed to perform its duty to conclude the instant apartment sales contract, and the Defendant sustained monetary loss.

B. The contract was cancelled due to reasons attributable to either of the parties, unless otherwise stipulated that the contract shall be a penalty, in case where the down payment has been received in the conclusion of the contract for consideration, in the nature of the cancellation money.

Even if the other party can only receive compensation for actual damages incurred in nonperformance of the contract, not a down payment naturally reverted to the other party as a penalty.

(see, e.g., Supreme Court Decision 2005Da52078, Jan. 27, 2006). There is no evidence to prove that there was a special agreement between the Plaintiff and the Defendant to pay a penalty of KRW 5 million, which is paid by the Plaintiff, with respect to the instant case, and the Defendant is seeking KRW 2.5 million (the Plaintiff itself deducts the amount of KRW 2.5 million on the premise that it reverts to the Defendant).