The defendant's 40 million won and 24 million won among the plaintiff's 40 million won and 24 million won as to the plaintiff's 27 June 2020 and 16 million won.

1. Basic facts

A. On June 2020, the Plaintiff confirmed that “D Real Estate” located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul (hereinafter “the instant apartment”) under the Defendant’s Yeongdeungpo-gu Seoul Metropolitan Government E apartment Fho Lake (hereinafter “the instant apartment”).

On June 26, 2020, A certified broker G operating the above D real estate notified the Plaintiff that the terms and conditions of the instant apartment sale were “the purchase price of KRW 1.2 billion, the down payment of KRW 120 million, the intermediate payment of KRW 400 million, and the remaining KRW 680 million.”

B. The Plaintiff transferred KRW 24 million to the Defendant’s account notified by G on June 27, 2020 as down payment.

On June 29, 2020, the Plaintiff transferred KRW 16 million to the said account as down payment.

(c)

On June 29, 2020, the Defendant sent an account number to the Plaintiff on June 29, 2020, “I do not know that she was paid a down payment of KRW 24 million, and attempted to cancel the provisional contract and to be aware of the progress of the contract. It sent KRW 16 million additionally to the Plaintiff.

“The message sent sent the message.”

[Ground of recognition] Unsatisfy, Gap 2, 3, 4, and 7 evidence, witness G testimony, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion 1) The Plaintiff and the Defendant concluded a sales contract on the essential matters of the contract, which are consistent with their intent.

However, the defendant unilaterally made it clear that there is no intention to perform the contract.

Inasmuch as the Plaintiff and the Defendant set down down down down down down down down down the down payment at KRW 120 million, the Defendant shall pay to the Plaintiff the sum of KRW 120 million, which the Defendant received from the Plaintiff, and KRW 160,000,000,000,000 received from the Plaintiff (main assertion) even if the contract was concluded between the Plaintiff and the Defendant.

Even if it cannot be seen, the Defendant shall return to the Plaintiff KRW 40 million received from the Plaintiff (Preliminary Claim). B. 1), based on the facts acknowledged earlier, the evidence Nos. 5 and 7, and the purport of the witness G’s testimony and pleading, as follows.