The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

1. Basic facts

A. The Defendant was the owner of the C Daecheon-si 191m2 and the aggregate building on its ground (hereinafter “instant real estate”).

B. The Defendant requested the D Authorized Broker Office to sell the instant real estate in KRW 912 million.

(c)

After visiting the above authorized brokerage office, the Plaintiff transferred KRW 30 million to the Defendant’s account under the name of the Defendant on July 22, 2019 at the request of the authorized brokerage office.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 5, and the purport of the whole pleadings

2. Determination

A. The parties’ assertion 1) The amount of KRW 30 million remitted by the Plaintiff was paid at the request of a certified broker for the sale of the instant real estate without specifying the sale price, payment method, etc., and the sales contract was not concluded. Therefore, the Defendant should return the said amount to the Plaintiff.

Even if a sales contract was concluded, the ownership of the instant real estate was transferred to a third party on January 28, 2020, thereby making it impossible to perform the registration of the Defendant’s transfer of ownership, and the Plaintiff cancelled the sales contract, so the Defendant shall return to the Plaintiff KRW 30 million to its original state.

2) If the Defendant Authorized Broker KRW 880 million, the Plaintiff would purchase the instant real estate.

The plaintiff accepted it and the plaintiff also remitted the down payment of KRW 30 million to the intent of purchasing KRW 80 million.

As such, a sales contract was established between the Plaintiff and the Defendant setting the sales price of KRW 80 million with respect to the instant real estate, and the Plaintiff reversed the contract, so the down payment of KRW 30 million is the money confiscated in accordance with Article 565(1) of the Civil Act or contractual practice.

(b) Determination 1) In order to establish a contract, it is required that there is a mutual agreement between the parties, and the agreement should be with respect to all matters constituting the content of the contract in question.