Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

1. On October 24, 2019, the Plaintiff expressed his/her intention to purchase the apartment house C and D (hereinafter “the apartment house of this case”) owned by the Defendant to the Defendant through a certified intermediary on October 24, 2019, and transferred KRW 5,000,000 to the Defendant’s account on the same day. The Defendant did not intend to sell the apartment of this case on November 22, 2019. The fact that the Plaintiff sent to the Plaintiff a certificate of fact that the Plaintiff would return KRW 5,00,000 paid by the Plaintiff does not conflict between the parties, or that the Plaintiff sent the certificate of fact that the Plaintiff would return KRW 5,00,000 to the Plaintiff is recognized by the evidence No. 1 and No. 1.

2. The parties' assertion

A. On October 24, 2019, the Plaintiff concluded a sales contract with the Defendant for the instant apartment on the basis of the total purchase price of KRW 398,00,000,000, the down payment of KRW 40,000,000, and the remainder payment of KRW 5,000,000 on the same day as part of the down payment. However, the Defendant unilaterally demanded the rescission of the said sales contract without any justifiable reason, and accordingly, the Defendant asserts that, pursuant to Article 565 of the Civil Act, the Defendant shall return KRW 10,000,000, which is a double of the down payment, to the Plaintiff.

B. The defendant asserts that the sales contract for the apartment of this case was not established, and that the defendant's 5,000,000 won paid by the plaintiff is a provisional contract with the nature of deposit money. Thus, the defendant should return the above 5,000,000 won paid by the plaintiff.

3. Determination

A. On the other hand, with respect to matters that require the agreement between the parties for the formation of a contract, and that the agreement is not required with respect to all matters that form the content of the contract in question, there must be a specific agreement with respect to its essential or important matters, or at least an agreement with respect to standards and methods that may specify the future specifically, and on the other hand, the agreement between the parties should be reached.