1. As to KRW 97,60,000 and KRW 20,000,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 77,60,000 from August 22, 2017.

1. Basic facts

A. The Defendant is the owner of the real estate listed in the separate sheet (hereinafter “instant land”).

B. On August 16, 2017, the Plaintiff confirmed the information from the instant land on the Internet, and contacted Nonparty D, who runs the real estate brokerage business, with the trade name of C real estate carrying the information.

C. On August 19, 2017, the Plaintiff visited the above Creal estate brokerage office to explain the instant land, and on the same day, expressed his intention to purchase to Nonparty D.

The Plaintiff, on August 21, 2017, remitted each of the KRW 20 million to the Defendant’s account, and KRW 7.6 million on August 26, 2017, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, witness E's legal testimony, the purport of the whole pleadings

2. Summary of parties' arguments;

A. On the contrary, since a sales contract for the instant land was concluded between the Plaintiff and the Defendant through a real estate broker, the Defendant is obligated to pay the remainder of the money that was already paid by the Plaintiff at the same time as receiving the remainder of the money that was paid by the Plaintiff.

Preliminary, if the sales contract is not concluded, the defendant shall refund the money already paid and the delay damages therefor.

B. It is only necessary to consider that there is a person who intends to purchase the instant land in the ordinary level of KRW 8.5 million through Defendant Licensed Real Estate Agents, and there was no question about the imposition of capital gains tax between the Plaintiff and the Defendant, and there was no conclusion of a sales contract on the instant land between the Plaintiff and the Defendant.

In addition, a person who has consulted with a licensed real estate agent is only the husband of the defendant, and the husband has no power of representation.

3. Judgment as to the main claim

(a)for the formation of a contract, it is required that there exists a mutual agreement between the parties, and the agreement should be with respect to all matters constituting the content of the contract in question.