1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from January 22, 2018 to January 8, 2019; and (b).

1. The assertion and judgment

A. The Plaintiff’s assertion (1) concluded a sales contract with the Defendant for KRW 540,00,00 for the purchase price of Gangdong-gu Seoul Metropolitan Government and D (hereinafter “instant apartment”) owned by the Defendant, and paid KRW 20,00,000, which is a part of the down payment on January 15, 2018, to the Defendant. The Defendant asserted the failure of the above sales contract and refused the performance of the contract. As such, the Plaintiff rescinded the instant apartment sales contract by serving a duplicate of the application for change of the purport of the instant claim and the cause of the claim.

Therefore, the defendant should pay to the plaintiff KRW 20,000,000 as a down payment and KRW 54,00,000 as damages.

(2) If it is recognized that a sales contract has not been concluded, the Defendant shall be paid by the Plaintiff and return the amount equivalent to KRW 20,000,000 and the amount equivalent to the interest paid by the Plaintiff without any legal cause.

B. (1) In order to establish a contract for rescission of a contract and the determination of a claim for damages, there is a need for agreement between the parties on all matters constituting the content of the contract in question, and such agreement on the essential or essential matters of the contract should be agreed upon by the specific intent or at least on standards and methods that may specify the future specifically.

On the other hand, the sales contract is formed by an agreement between the parties on the transfer of the seller's property right and the buyer's payment of money in consideration of the agreement between the parties to transfer the property right and the other party to pay the price.

(2) The following facts are acknowledged when the contents of Gap evidence Nos. 4 through 7, and Eul evidence Nos. 1, 2, and 4 added the purport of the entire pleadings.

(A) The E Licensed Real Estate Agent F in the E Licensed Real Estate Agent Office on January 15, 2018 is an apartment building of this case.