1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The facts following the facts do not conflict between the parties, or are recognized in full view of the purport of the entire pleadings in the entries in Gap evidence 1 and 3.

A. The Defendant is the owner of the D Apartment No. 211, Dong 104 (hereinafter “instant real estate”) on two parcels, both Seoul and Gwangjin-gu, Seoul, and two parcels.

B. On February 6, 2017, the Plaintiff remitted KRW 10 million to the Defendant’s bank account. On February 7, 2017, the Defendant found the bank to receive the said KRW 10 million, and the Plaintiff returned it to the Plaintiff’s account as the depositor’s account.

2. The parties' assertion

A. On February 6, 2017, the Plaintiff concluded a sales contract between the Defendant and the Defendant as a broker of Licensed Real Estate Agent E with the purchase price of KRW 520 million and the down payment of KRW 520 million. The Plaintiff paid KRW 10 million out of the down payment to the Defendant.

However, the defendant unilaterally reversed the above sales contract, and the defendant is obligated to pay to the plaintiff the amount of KRW 52 million according to the provisions of Article 565 (1) of the Civil Code.

B. There is no agreement between the Defendant and the Plaintiff on the principal contents of the instant real estate sales contract and the down payment contract, as the agreement between the Defendant and the Plaintiff was reached.

3. Determination

A. We examine whether a sales contract was established between the Plaintiff and the Defendant, and whether the sales contract was established for the instant real estate.

In full view of the facts acknowledged earlier, as well as the overall purport of the pleadings in Gap evidence Nos. 4 and 5, and witness E’s testimony, the defendant’s wife F shall purchase the instant real estate to F amounting to KRW 520 million, on February 6, 2017, the real estate agent E of the above “G Licensed Real Estate Agent Office” visited the plaintiff’s spouse as well as the Plaintiff’s spouse at around 14:00 on February 6, 2017 (at the time, the defendant was absent, and only F was absent). On the same day, around 17:30 on the same day, F would purchase the instant real estate at KRW 520 million.