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. On November 3, 2007, upon the introduction of C, which is a real estate broker, the Defendant purchased the answer 2,390 square meters (hereinafter “instant land”) of Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu (Cheongju) and completed the registration of ownership transfer on December 5, 2017.

At the time of purchase, the Defendant expressed that C had the intention to reproduce the instant land.

B. Around April 10, 2018, C asked the Defendant whether he/she has an intention to cover KRW 10 million of the instant land. Around April 17, 2018, C responded to C to the purport that it will completely complete the molding construction work.

Accordingly, C transferred to E the representative director of the Plaintiff a talk about the land sub-construction of this case.

C. The Plaintiff performed molding construction on the instant land from April 25, 2018 to May 2, 2018.

[Ground of recognition] Evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), testimony of witness C at the trial, the purport of the whole pleadings

2. Determination

A. Generally, in order to establish a contract, it requires that the opposite expression of intent, such as offer and acceptance, is consistent, but such expression of intent is not necessarily required to be made in writing, but can be made implicitly as well as explicitly and explicitly.

On the other hand, in any case, whether a contract can be deemed to have been concluded through an implied expression of intent shall be determined in accordance with logical and empirical rules so as to conform to the ideology of social justice and equity by comprehensively taking into account the series of acts or attitudes taken by the parties, the motive and circumstances leading to the implied agreement, the details of the agreement, etc.

(see, e.g., Supreme Court Decision 2011Da30765, Sept. 29, 2011). (B)

In addition to the aforementioned evidence and evidence, evidence Nos. 4, 7, and 16, evidence No. 3, the progress of the case acknowledged by the purport of the entire pleadings, and the circumstances up to the Plaintiff’s re-construction, the construction cost between the Plaintiff and the Defendant shall be KRW 10 million.