1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

Basic Facts

A. The Plaintiff is a corporation mainly engaged in housing construction business, housing project implementation business, etc., and is promoting new construction business, such as officetels, in Seongdong-gu Seoul Metropolitan Government, G, H, D, and E (hereinafter “instant business”).

B. On July 22, 2015, the Plaintiff, while negotiating with the Defendant for the sale of each of the instant real estate, received the following commitments (hereinafter “instant commitments”) from the Defendant to promote the instant business.

The indication of real estate - Seongdong-gu (21.21 of the site and buildings) - Sales Price: The above real estate amount of KRW 1,080,000 ( KRW 1,080,000) is promised to enter into a sales contract at the time of payment of the down payment (10%).

C. On August 1, 2017, the Plaintiff deposited KRW 18 million with the Seoul East Eastern District Court No. 2932 as the principal deposit, on the ground that the Defendant refused to receive the down payment prescribed in the instant undertaking.

[Reasons for Recognition] A without dispute, entry of evidence Nos. 1, 2, 12, 16, 17, 21 through 26, 29, 35, and 36, and the court's judgment as to the plaintiff's primary claim for the whole purport of the pleading is consistent with the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.

Judgment on the plaintiff's conjunctive claim

A. The Plaintiff’s assertion and the Defendant concluded a pre-sale agreement on each of the instant real estate as indicated in the instant promise. On August 1, 2017, the Plaintiff deposited 18 billion won as a deposit with the Defendant as the principal of the deposit, and thereafter exercised the right to conclude the pre-sale agreement by serving the written application for modification of the purport of the claim and the cause of the claim on October 8, 2018.

As a result, since the sale of each of the instant real estate between the Plaintiff and the Defendant took effect, the Defendant received KRW 9772 million from the Plaintiff, and at the same time made payment from the Plaintiff to the Plaintiff, the purchase and sale of each of the instant real estate was made on October 8, 2018.