1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 4, 2016, the Plaintiff transferred KRW 5 million to the Defendant, while negotiating the Defendant’s identification card through a real estate broker, and the Defendant’s apartment supply contract in writing, in order to lease the Plaintiff’s shares C 5602 Dong-dong 1304 (hereinafter “instant real estate”).

B. On July 6, 2016, the Defendant indicated the transfer price contract amount to the Plaintiff’s account and remitted KRW 5 million.

[Ground of recognition] Items A 1 through 8, 12, Eul's each entry or video, the purport of the whole pleadings

2. On July 4, 2016, the Plaintiff and the Defendant agreed to enter into a lease contract with a deposit of KRW 380,000,000 for the instant apartment, and for this purpose, the Plaintiff transferred KRW 5,00,000,000, which is part of the down payment, to the NAF, after consulting the Plaintiff on whether it is possible to borrow a loan of KRW 34,000,000 from the deposit.

However, on July 6, 2016, the Defendant reversed the lease contract by demanding the increase of deposit.

Therefore, the Defendant is obligated to pay the Plaintiff the principal contract amounting to KRW 38 million and damages for delay.

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.

(See Supreme Court Decision 200Da51650 Decided March 23, 2001, etc.). As to whether the lease contract of the apartment of this case was concluded between the Plaintiff and the Defendant in this case, the following circumstances, namely, the Plaintiff and the Defendant, comprehensively taking account of the following: (a) the facts acknowledged earlier; (b) the aforementioned evidence; and (c) the video of evidence Nos. 9 and 13, and the purport of the entire pleadings.