1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Defendant is the owner of Daegu Suwon-gu C apartment and D apartment (hereinafter “instant apartment”), and requested the sale of the instant apartment to Nonparty E Real Estate Agent F for Real Estate. The Plaintiff requested H who operates G Licensed Real Estate Agents to purchase the instant apartment.

B. Around 21:55 on March 3, 2018, F, the Plaintiff, and H entered into a provisional contract with respect to the sale of the instant real estate, and F, written the following text notes (hereinafter “instant provisional contract note”) and sent each of them to the Defendant and H.

H sent text messages to the Plaintiff on the same day at around 22:03, and the Plaintiff deposited KRW 5 million to the Defendant’s account at around 10:06 on the same day.

“The remaining amount after subtracting 100 million won from the sales price of the same No. D, 775 million won, 10 million won of the sales price of the down payment, 100 million won of the intermediate payment, the balance down payment and the intermediate payment 100 million won from the end of May,” and the remainder date shall be mutually agreed upon at the end of May. Under the above contract terms and conditions, the seller and the purchaser shall deposit part of the down payment into the seller B and the National Bank I. In the event the cause attributable to the above contract is the seller, he shall compensate for the double amount of the part of the down payment deposited, and if the cause attributable to the buyer is the buyer,

C. On March 4, 2018, the Plaintiff promised to use the instant apartment at the Defendant’s office once again on Sundays and around 1:50 p.m. on March 5, 2018, the Plaintiff agreed to use the instant apartment at the Defendant’s office to report the instant apartment once more, but it did not appear on the daily day.

F on March 12, 2018, the F returned 5 million won, giving notice that the contract is not concluded.

[Grounds for Recognition: Evidence Nos. 1 through 6, Evidence Nos. 1 through 4 (including each number), and Testimony of Party Justice H

2. Plaintiff’s assertion and judgment thereon

A. The summary of the Plaintiff’s assertion is KRW 5 million that the Plaintiff delivered to the Defendant, and the Defendant.