The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. The Defendant was the owner of Guro-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”).

B. In order to sell the apartment of this case where the Defendant received the lease deposit of KRW 320 million and is under lease, the Defendant requested a licensed real estate agent E (hereinafter “Defendant’s licensed real estate agent”) to sell the apartment of this case, and the Plaintiff intended to purchase the apartment of this case by the brokerage of the Licensed Real Estate Agent E (hereinafter “Plaintiff’s licensed real estate agent”).

The Plaintiff and the Defendant agreed on the purchase of the instant apartment through the brokerage of a licensed real estate agent on both sides, and the Plaintiff transferred the Plaintiff’s bank account under the name of the Defendant to KRW 1 million on March 10, 2018, KRW 9 million on March 11, 2018, and KRW 10 million on March 11, 2018.

C. However, on March 15, 2018, the Defendant concluded a sales contract with G and the instant apartment with the purchase price of KRW 460 million. On March 19, 2018, the Defendant expressed that the Plaintiff did not want to conclude a sales contract for the instant apartment, and returned KRW 10 million to the bank account in the name of the Plaintiff on the same day.

On March 26, 2018, the registration of ownership transfer was made in G name with respect to the apartment of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant concluded a sales contract for the instant apartment with the purchase price of KRW 445 million and the down payment of KRW 10 million, and accordingly, concluded a sales contract for the instant apartment, and accordingly, concluded a sales contract for the instant apartment by remitting the down payment of KRW 10 million to the Defendant.

However, the Defendant unilaterally cancelled the sales contract after re-sale of the apartment of this case to G, and the Defendant agreed to pay as penalty the amount of KRW 10 million equivalent to the down payment, separate from returning the down payment already received to the Plaintiff.