1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On September 12, 2015, the Plaintiff was introduced at the office of a licensed real estate agent located in the Busan Seo-gu, Busan, for the purpose of opening the instant apartment on September 14, 2015, by visiting the instant apartment on September 14, 2015, which was owned by the Defendant (hereinafter “instant apartment”).

B. On September 14, 2015, the Plaintiff expressed his intention to purchase the instant apartment through a licensed real estate agent to the Defendant side, and then remitted one million won in advance to the account under the name of the Defendant (hereinafter “instant payment”). The Plaintiff and the Defendant discussed the issue of the assumption of obligation, etc. with respect to the instant apartment within the close time, and concluded a sales contract.

C. However, on September 15, 2015, the Defendant withdrawn the intention to sell the instant apartment, and returned KRW 1 million to the Plaintiff via a licensed real estate agent, and sold the instant apartment to a third party.

[Ground of recognition] Facts without dispute, entry of evidence A3, 4, and 7, purport of the whole pleadings

2. The parties' assertion

A. On September 14, 2015, between the Plaintiff and the Defendant, the sales contract was concluded between the Plaintiff and the Defendant with the down payment of KRW 30 million and the sales price of KRW 410 million, but the Defendant unilaterally rescinded the said sales contract thereafter.

Therefore, the defendant is obligated to pay to the plaintiff 21 million won (=30 million won x 70%) and damages for delay, which are 70% of the down payment as penalty for breach of contract.

B. In the absence of agreement between the Plaintiff and the Defendant on the essential part of the instant apartment sales contract, the Plaintiff unilaterally remitted KRW 1 million to the Defendant, and the Defendant did not have concluded a sales contract with the Plaintiff on the instant apartment.

3. For the formation of a judgment contract, it is required that there exists a mutual agreement between the parties, and such agreement constitutes all the contents of the contract in question.