1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On December 22, 2015, upon introduction by Licensed Real Estate Agents C, the Plaintiff was placed in order to purchase D apartment 115 Dong-dong 1504 (hereinafter “instant apartment”).

B. After that, the Plaintiff decided to purchase the above apartment, and around December 23, 2015, transferred KRW 3,000,000 to the Defendant’s Busan Bank account as a provisional contract deposit.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Since a sales contract for the apartment of this case was not established between the Plaintiff and the Defendant, 3,000,000 won that the Plaintiff paid to the Defendant as a provisional contract should be returned.

B. The sales contract for the apartment of this case was already concluded orally at the time of paying the provisional contract amount, and only the Plaintiff did not prepare a sales contract on the wind, unlike the first promise to pay the remainder.

Therefore, since the sales contract for the apartment of this case was concluded, and the above sales contract was cancelled due to the plaintiff's cause, the plaintiff cannot respond to the plaintiff's request.

3. Determination

(a)in order for a contract to be concluded, there is a need to agree between the parties to agree on all matters constituting the content of the contract in question, and such agreement should not be required with respect to any essential or important matters of the contract, but there is a specific agreement or at least an agreement on standards and methods that may specify the future specifically;

(2) In light of the above legal principles, the Plaintiff and the Defendant at the time of the receipt of the instant provisional contract amount, and the fact that the subject matter of the sale and purchase price was specified between the Plaintiff and the Defendant at the time of the receipt of the instant provisional contract amount, is not in dispute between the parties.

On the other hand, there is no dispute between the above recognized facts and the parties, or the evidence No. 1 is written.