1. On August 6, 2018, the real estate trade price of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) was calculated based on a provisional contract.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 2018, in order to sell Eunpyeong-gu Seoul Metropolitan Government Apartment D (hereinafter “instant apartment”) owned by the Plaintiff, the Plaintiff requested brokerage to the “E Licensed Real Estate Agent Office” located in the above apartment complex shopping complex (hereinafter “E Real Estate”).

The Defendant was introduced from “F Real Estate Brokerage Office” (hereinafter referred to as “F Real Estate”) the apartment of this case.

나. F부동산은 피고가 이 사건 아파트에 관하여 관심을 보이자 E부동산에 연락하였고, E부동산은 2018. 8. 6. F부동산에 ‘안녕하세요. E공인중개사 사무소입니다. C아파트 D호 매매금액 4억 9천만 원으로 매매계약하기 위한 계약금 일부 송금하실 주인분 계좌를 알려드리겠습니다. G은행 A H입니다. 승계 받을 전세계약은 보증금 2억 4천만 원, 만기일은 2019년 10월 31일입니다. 입금하시고 연락 부탁드립니다. 감사합니다.’라는 문자메시지를 보내고, 이어 ‘토요일 세 시(2018. 8. 11. 15:00를 뜻한다)에 뵙겠습니다.’라는 문자메시지를 보냈다.

On August 6, 2018, the Defendant sent the text message from F Real Estate, and deposited KRW 10 million into the Plaintiff’s above account.

C. However, the Defendant did not conclude a contract with the Plaintiff, and demanded the Plaintiff to return the said KRW 10 million via F real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence 7, 10-1, 2, Eul evidence 2, the purport of the whole pleadings

2. Summary of both claims;

A. As to the instant apartment, the Plaintiff and the Defendant concluded a provisional contract with the purport that they would enter into a sales contract on August 11, 2018, by setting the sales price of KRW 490 million, such as the foregoing text message, and that they would enter into a sales contract on August 11, 2018. The KRW 10 million, which is determined as the provisional contract deposit, shall be appropriated for the down payment out of the sales price at the time of the sales contract, and if the Defendant