1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

A. On March 7, 2015, the Plaintiff entered into a provisional contract and transferred KRW 3 million to an account under the name of the Defendant, while negotiating through a real estate intermediary in order to purchase the Yeongdeungpo-gu Seoul Metropolitan Government C Apartment 608 Dong 2402 (hereinafter “instant apartment”) from the Defendant.

(hereinafter “instant provisional contract” and “the instant provisional contract amount”) B.

On March 11, 2015, the Plaintiff notified the Defendant of his no intention to purchase the instant apartment through a real estate broker.

[Ground of recognition] without any dispute, Gap evidence 1-1, 2-2, and 2, and the plaintiff's claim for provisional contract amount by the parties to the whole pleadings is accepted on the premise that it will be returned in the event that this contract is not constituted. Thus, unless this contract has been concluded between the original defendant and the original defendant, the defendant is obligated to return the provisional contract amount to the plaintiff as unjust enrichment.

The defendant's assertion provisional contract, like this contract, has its own legal binding force, so the provisional contract amount of this case constitutes cancellation money pursuant to Article 565 (1) of the Civil Code.

The plaintiff does not enter into this contract in a simple trial, so it is possible to waive the provisional contract and cancel the provisional contract in this case.

Judgment

In the relevant legal principles, there are many cases where an agreement that reflects the various interests of the parties is called a so-called "provisional contract" before reaching a fixed contract.

Since these provisional contracts have expressed very diverse forms in terms of legal binding force, it is difficult to uniformly conclude their legal nature and effects. It is the intention of the parties that appears through the interpretation of declaration of intent to consider in order to determine the scope of binding force of provisional contracts.