1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff A's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. The Defendant is the owner of Songpa-gu Seoul Metropolitan Government 1102 Dong 603 (hereinafter “instant apartment”).

B. From April 2016, Plaintiff B, a real estate real estate agent, solicited the Defendant to sell and purchase the instant apartment from April 2016, and the Defendant said that there was an idea to sell KRW 600 million.

C. On July 14, 2016, Plaintiff B sent a text message to the Defendant stating that “I will write down the instant apartment sales price of KRW 600 million and KRW 5 million, and this Agreement will write down the following week,” and the Defendant asked “I will know.”

Plaintiff

On July 14, 2016, Plaintiff A, who sought to purchase the instant apartment with the introduction of B, remitted the said money to the Defendant KRW 5 million (hereinafter “instant provisional contract money”).

E. However, the Defendant did not sell the instant apartment, and returned 5 million won to the Plaintiff on July 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. Plaintiff A’s assertion entered into a sales contract for the instant apartment on behalf of Plaintiff A, and the Defendant received KRW 5 million down payment from Plaintiff A.

In accordance with Article 565 of the Civil Act, the Defendant would not sell the apartment of this case simply due to a simple change, and thus, the Defendant may redeem the amount of KRW 10 million, which is the double amount of the provisional contract of this case, and cancel the sales contract. The Defendant returned only KRW 5 million.

Therefore, the defendant is obligated to pay the remainder of five million won and damages for delay to the plaintiff A.

B. On the premise that the sales contract for the apartment of this case was concluded, that is, the contract was concluded, the Plaintiff A asserted that the Defendant may rescind the above sales contract only after repaying the amount of the provisional contract that the Defendant received from the Plaintiff A. Thus, the key issue of this case is the apartment of this case.