1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

1. Basic facts

A. On July 2016, the Defendant sold the Seongdong-gu Seoul Metropolitan Government D Apartment 101 Dong 1106 (hereinafter “instant apartment”) owned by the Defendant to KRW 547,500,000 via C, a licensed real estate agent.

B. On July 7, 2016, the Plaintiff delivered the intention to purchase the instant apartment through C to the Defendant, and C confirmed the intention to sell the instant apartment, and thereafter, C sent to the Plaintiff the word “547,500,000 won for the sales price, and the present lessee succeed to the buyer.” With the consent to the sales contract, I will transfer part of the down payment and pay the remainder at the time of preparation of the contract.”

C. Accordingly, the Plaintiff transferred KRW 5,000,000 to the Defendant on July 7, 2016.

While the preparation of the sales contract of the apartment of this case was delayed due to the defendant's overseas business trip, the defendant sold the apartment of this case in KRW 572,00,000 to E and F on August 29, 2016, and completed the registration of ownership transfer on September 29, 2016 to E and F on September 29, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) The Plaintiff’s assertion (1) and the Defendant concluded a sales contract for the instant apartment (hereinafter “instant sales contract”). The Defendant did not have the right to rescind the instant sales contract, and the Defendant did not have the right to rescind the instant sales contract.

The cancellation of the instant sales contract by selling the instant apartment to a third party as described in the subsection is a cancellation by the cancellation fee stipulated in Article 565 of the Civil Act.

On the other hand, if the cancellation by cancellation fee is acknowledged, the seller is not the actual contract deposit but the seller is required to repay the contract deposit based on the contract deposit. The defendant is obligated to return the total of KRW 55,000,000 and the total of KRW 55,00,000 to the plaintiff.

However, the plaintiff is an explicit partial claim of KRW 10,000,000 and damages for delay.