1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff, which ordered payment under the following Paragraph 2, shall be revoked.

2...

1. Facts of recognition;

A. On October 31, 2014, the Plaintiff paid KRW 3,000,00 as the provisional contract amount (hereinafter “instant provisional contract amount”) to the Defendant for the purpose of concluding a sales contract with the Defendant for Kimhae-si 6 Dong 301 (hereinafter “instant apartment”).

B. On November 17, 2014, the Plaintiff notified the Defendant that it would not enter into a sales contract with the Defendant and would return KRW 3,000,000 to the Plaintiff the provisional contract amount already paid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. In order to establish the relevant legal doctrine, a mutual agreement between the parties is required to exist, and such mutual agreement should not be required with respect to all matters constituting the content of the relevant contract, but there is a specific agreement on the essential or important matters, or at least an agreement on standards and methods that may specify the future specifically.

On the other hand, the sales contract is established by an agreement between the parties on the transfer of the seller's property right and the buyer's payment of the price in consideration of the agreement between the parties to transfer the property right and the other party to pay the price.

(See Supreme Court Decision 2005Da39594 Decided November 24, 2006, etc.). B.

Therefore, we examine whether the contract was concluded between the Plaintiff and the Defendant, and the subject matter of sale between the Plaintiff and the Defendant is specified as the apartment of this case, but there is no evidence to prove that there was an agreement between the Plaintiff and the Defendant on the amount of the purchase price, the timing and method of payment of the purchase price, etc.

Rather, the above.