1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 30, 2018, the Plaintiff, through a real estate intermediary, confirmed that he/she was an apartment to be a director, and transferred KRW 500,000,000 as a provisional contract deposit for the purchase of the instant apartment to the Defendant on the same day upon the recommendation of a real estate intermediary, and KRW 500,000,000,000 from August 31, 2018, respectively, to the Defendant.

B. However, on September 2, 2018, the Defendant expressed to the Plaintiff that it would not sell the instant apartment, and eventually, the conclusion of the apartment sales contract between the Plaintiff and the Defendant was nonexistent.

C. On October 2, 2018, the Defendant returned KRW 10,041,781, which is the sum of the provisional contract amount paid by the Plaintiff and the statutory interest amount paid by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion entered into a sales contract with the plaintiff to sell the apartment of this case for KRW 300 million. Since the defendant unilaterally cancelled the sales contract, the defendant is obligated to pay the plaintiff a penalty for breach of contract the amount of KRW 60 million equivalent to KRW 300 million, which is 2 times the above sales price, and the damages for delay.

B. In order for a contract to be concluded, the parties’ agreement is required to be reached, and such agreement is not required with respect to all matters forming the content of the contract in question, but there is a specific agreement with respect to its essential matters or important matters, or at least an agreement with respect to standards and methods that can specify them in the future. On the other hand, the contract is not concluded unless there is any special circumstance where the parties’ agreement on matters that the agreement should be reached is not reached.