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. Basic facts

A. The Defendant owns a building with a lot of 102 square meters in Dongjak-gu Seoul Metropolitan Government and its ground (hereinafter “instant real estate”).

B. On September 11, 2018, the Plaintiff transferred KRW 20,000,00 to the Defendant with the intent to purchase the instant real estate from the Defendant.

C. On September 12, 2018, the Plaintiff and D, a licensed real estate agent for the Plaintiff, tried to prepare a sales contract on the instant real estate, but the Defendant and the Defendant’s licensed real estate agent demanded to extend the above date by one week.

The plaintiff refused the above request of the defendant, and went to D's office on September 12, 2018, but the defendant did not attend.

E. While the Plaintiff and the Defendant met again on September 19, 2018, they did not prepare a sales contract regarding the instant real estate, due to different opinions among themselves.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including paper numbers), the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff did not establish a sales contract on the instant real estate between the Plaintiff and the Defendant. As such, the Defendant asserted that the Plaintiff was obligated to return KRW 20,000,000 that it received from the Plaintiff, and that the Defendant and the Defendant constituted a sales contract valid between the Plaintiff and the Defendant. As long as the Plaintiff refused to implement the sales contract, the Defendant may confiscate KRW 20,000,000, which was received from the Plaintiff on the ground of the Plaintiff’s fault.

B. In full view of each of the statements in the evidence No. 3 and No. 1 of the judgment, the Plaintiff sent a text message to the Defendant’s licensed real estate agents on September 11, 2018, stating that “The purchase price is KRW 1.53 million, the down payment is KRW 1050 million, and the down payment is KRW 100 million, the down payment is paid on September 12, 2018, and the intermediate payment is KRW 40% and KRW 50 million is paid on October 12, 2018, and the remainder of KRW 50% is paid on December 12, 2018.”