The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On August 18, 2018, the Defendant entered into a sales contract with C, stating that the purchase price of 239,000,000 square meters is KRW 239,00,00 with respect to the instant real estate (hereinafter “instant real estate”).

B. On December 7, 2018, the Plaintiff transferred KRW 5,000,00 to a bank account under the name of E (F Licensed Real Estate Agent Office).

C. On February 1, 2019, the Defendant completed the registration of ownership transfer on August 18, 2018 with respect to the shares of 1/2 of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. On December 7, 2018, the Plaintiff concluded a sales contract of the instant real estate price of KRW 316,000,000, and down payment of KRW 31,000,000 as a broker of Licensed Real Estate Agent E, and agreed to keep KRW 5,00,000, which is part of the down payment, in the F Licensed Real Estate Agent’s Office (E).

When the defendant residing in a foreign country acquires the ownership of the real estate of this case by entering Korea, he agreed to prepare a written contract and pay the remaining down payment of KRW 26,000,000 after preparing the written contract.

However, as the Defendant unilaterally terminated the contract at the end of December 2018, it is necessary to pay the Plaintiff a reasonable amount of contract deposit or estimated amount of damages.

B. The Defendant and the Plaintiff did not enter into a sales contract and a down payment contract, as there was no agreement between the intent on the main contents of the sales contract of the instant real estate.

3. Determination

A. It is difficult to acknowledge the fact that a sales contract was concluded between the Plaintiff and the Defendant solely with the descriptions of Gap 2 and 6 as to whether a sales contract was concluded, and there is no other evidence to acknowledge it.

B. Whether a down payment contract is concluded or not shall be a requirement to deliver money or other valuables. Thus, at the only stage, the contract to pay the down payment is valid as a down payment, that is, Article 565 of the Civil Act.