The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 10,000,00 and shall pay to the plaintiff the full amount from September 24, 2019.

1. Facts of recognition;

A. On August 17, 2019, the Plaintiff accepted the Seongdong-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”) from a licensed real estate agent C as a kind of goods, and believed that the purchase price is 8.4485 million won, and only if only the amount was paid after deducting the lease deposit of the existing lessee, the Plaintiff was able to purchase the apartment. On August 24, 2019, the Plaintiff provided the Defendant with the intention to enter into the sales contract on August 24, 2019.

B. However, unlike the introduction on August 22, 2019, a licensed real estate agent C notified that the lease deposit of the lessee of the instant apartment complex was KRW 450 million, and that the Plaintiff requested that the date of delivery with the Defendant be postponed on August 31, 2019 on the grounds of local business trip, and that the contract may be entered into even if the provisional contract deposit is paid, around August 24, 2019, pursuant to C’s proposal that the Plaintiff may enter into a contract with the Defendant’s bank account (hereinafter “the provisional contract deposit”).

C. Meanwhile, the Plaintiff entered into a contract with A to purchase the same apartment F units adjacent to the instant apartment units with the price of KRW 840,000,000,000. On August 31, 2019, the Plaintiff continued to contact with the licensed real estate agents and did not contact the Defendant.

On August 31, 2019, the Defendant notified the Plaintiff that the sales contract for the instant apartment was revoked, and that KRW 10 million paid as part of the down payment was reverted to the Defendant as the cancellation fee. On November 6, 2019, the instant apartment was sold to G and H around KRW 895 million, and the parties did not have any fact regarding the sale of the instant apartment.

[Grounds for recognition] Gap 1, 3, 6, 11-1, 2, Eul 4, the purport of the whole pleadings

2. Return of unjust enrichment:

A. According to the above facts, the instant sales contract provides that a licensed real estate agent C made an erroneous notification of the amount of rental guarantee to be deducted from the purchase price that could be an important factor in the contract from the buyer’s standpoint.