1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On January 21, 2020, the Plaintiff asserted that the Plaintiff entered into a sales contract with the Defendant to purchase the land and the building on the land (hereinafter “instant real estate”) of Geumcheon-gu Busan (hereinafter “instant sales contract”) for KRW 550,000,000 from the Defendant, and transferred KRW 20,000,000 out of the down payment to the Defendant’s account on the same day.

On January 22, 2020, the following day, the Plaintiff prepared a contract with the Defendant, paid the remainder of the down payment (10% of the purchase price) and paid the balance within one month. On January 22, 2020, the Defendant refused to prepare the contract by asserting that the instant contract was unilaterally rescinded to the Plaintiff on January 22, 2020, and returned on February 7, 2020 only a partial down payment of KRW 20 million to the Plaintiff.

However, according to Article 565(1) of the Civil Act, in order for the seller to cancel the contract by which the buyer received the down payment from the buyer, the Defendant is obliged to pay the Plaintiff the amount of the down payment, which is a double of the down payment, as well as damages for delay.

2. Determination

(a) For the formation of a contract, the parties’ agreement is required to be reached, and such agreement should not be required with respect to all matters constituting the content of the contract in question, but there is a specific agreement on its essential or important matters, or at least an agreement on standards and methods that may specify the future specifically.

On the other hand, the sales contract is established by an agreement between the parties on the transfer of the seller's property right and the buyer's payment of the price in consideration of the agreement between the parties to transfer the property right and the other party to pay the price.

(See Supreme Court Decision 2005Da39594 Decided November 24, 2006, etc.). B.

Domins, Gap 1 to.