1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is the owner of 218 square meters in Jeonnam-gun, Jeonnam-gun (hereinafter “instant land”). Around 2017, the Defendant requested the sale of the instant land to E who operates the D Licensed Real Estate Agent Office.

B. G operating “F Licensed Real Estate Agent Office” was delegated by the Plaintiff to purchase and sell the instant real estate and negotiated the sale and purchase of the instant land with E on December 9, 2017, and the instant land was purchased at KRW 230 million.

C. The Plaintiff heard that the purchase price of the instant land was KRW 230 million from G, and remitted KRW 10 million on December 9, 2017 to the Defendant’s bank account.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 1-1 and Eul evidence 1-2, Gap witness G at the trial, the purport of the whole pleadings

2. The Plaintiff’s payment time of intermediate payments and remainder, whether collateral security established on the instant land was acquired, etc., and there was no agreement between the Plaintiff and the Defendant as to the important matters of the sales contract on the instant land, and there was no agreement between the intent to specify them in the future. Therefore, the sales contract on the instant land cannot be deemed to have been concluded.

In addition, KRW 10 million, which the Plaintiff remitted to the Defendant, does not constitute a down payment under Article 565 of the Civil Act.

Therefore, the defendant is obligated to pay the plaintiff 10 million won and delay damages with unjust enrichment.

3. For the formation of a judgment contract, there is a need for agreement between the parties on the essential or important matters of the contract in question, but there is no need for such agreement on all matters which form the content of the contract in question. However, there is a specific agreement on the criteria and methods which may specify the future or at least in detail.

Supreme Court Decision 2000Da51650 Delivered on March 23, 2001