1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from September 1, 2016 to the day of complete payment.

Basic Facts

On April 6, 2016, the Plaintiff agreed to purchase KRW 30,000,00 as a provisional contract deposit, the Plaintiff paid KRW 30,000,00 to the Defendant for the purchase price of KRW 2,651 square meters and KRW 2,382 square meters (hereinafter “each of the instant real estate”) prior to B in Jeju-si owned by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), and the purport of the whole pleadings, the plaintiff asserted by the plaintiff from the defendant that the real estate of this case can be divided individually, and the provisional contract amount was paid to the defendant with the belief that there was no cemetery, etc. on the ground. However, each of the real estate of this case is not divided individually, and the cemetery was not purchased in the cemetery, so the defendant is obligated to refund the provisional contract amount of KRW 30,000,000 and the delay damages therefor to the plaintiff.

Judgment

A. First, we examine whether the contract was concluded between the Plaintiff and the Defendant for each of the instant real estate.

In order to establish a contract, there is a need to agree with the parties to the contract, and such agreement should not be required with respect to all matters that constitute the content of the contract, but there is a specific agreement with respect to its essential or important matters, or at least an agreement on standards and methods that can be specified in the future.

(see, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001). In the instant case, when the Plaintiff remitted KRW 30,000 to the Defendant, the subject matter of sale and the fact that the purchase price was specified are as seen earlier.

However, the following circumstances, i.e., the Plaintiff’s employees, who had an office in Daegu after the receipt of provisional contract deposit, either did not dispute between the parties or considered the above evidence, the entry of Gap’s evidence No. 3, and the overall purport of oral arguments, are considered as follows.