The defendant's KRW 10,00,000 for the plaintiff and its 5% per annum from May 14, 2020 to October 30, 2020.

1. On December 28, 2019, the Plaintiff concluded a sales contract with the Defendant to purchase real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) as a broker of a licensed real estate agent C (D Licensed Real Estate Agent Office”) and agreed to pay the remainder on March 31, 2020, by the Plaintiff’s payment of KRW 10 million out of the down payment.

On December 28, 2019, the Plaintiff performed the obligation following the conclusion of the above sales contract by depositing the down payment of KRW 10 million among the down payment to the Defendant, and the Defendant did not perform the obligation. Therefore, the Defendant is primarily liable to implement the procedure for the registration of ownership transfer of the instant real estate pursuant to the above sales contract, and the above sales contract was rescinded due to the Defendant’s cause attributable to the Defendant. Therefore, the Defendant is liable to pay to the Plaintiff KRW 93 million including the down payment and the down payment of KRW 83 million, which the Plaintiff paid to the Plaintiff.

2. Determination

A. In order to establish the relevant legal doctrine, it is required that the parties agree with each other.

Although such agreement does not require respect to all matters which form the content of the contract in question, there is a need to agree on the standards and methods which may specifically and specifically specify the essential or important matters in the future.

On the other hand, in case where the parties fail to reach an agreement on the matters that the agreement should be reached, it is reasonable to regard the contract as not being concluded unless there are special circumstances

B. (See Supreme Court Decision 2000Da51650 delivered on March 23, 2001).

Judgment

In full view of the following: (a) whether a sales contract was concluded or not; and (b) the purport of the entire pleadings, the Defendant is a licensed real estate agent on December 28, 2019.