1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 13, 2016, the Plaintiff entered into a lease agreement between the Defendant and part of the residential buildings located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant studio”) with the lease deposit of KRW 10,000,000, monthly rent of KRW 300,000, and the lease period of KRW 27, 2016 from June 27, 2016 to June 27, 2018, and received KRW 1,000,000 from the Defendant on the same day.

B. On June 2016, the Plaintiff presented 20,000,000 won as the lease deposit to a person who wishes to rent the studio of this case from a real estate broker.

immediately after that, the Plaintiff demanded the Defendant to pay the deposit money for the lease of the above lease agreement with the real estate broker prior to the above talking.

C. Around June 26, 2016, the Plaintiff paid KRW 2,000,000 to the Defendant.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The parties' assertion

A. The Defendant promised to raise the lease deposit to KRW 15,00,000 to the Plaintiff who demanded the Plaintiff to raise the lease deposit.

Nevertheless, on June 26, 2016, the Defendant demanded the Plaintiff to return the down payment and pay the director’s expenses. The Plaintiff paid KRW 2,00,000 to the Defendant without any yellow dust.

As such, the Defendant unilaterally reversed the lease contract, and thus, is obliged to return KRW 2,000,000 which was unfairly received from the Plaintiff.

B. After the conclusion of the above lease agreement, the Plaintiff demanded the Defendant to pay the deposit for lease.

The plaintiff's demand is improper, and the plaintiff paid KRW 2,00,000, which is a double of the down payment, to the defendant, who stated that the defendant cancelled the above lease contract.

Therefore, the Defendant did not unfairly receive KRW 2,000,000 from the Plaintiff.

3. The evidence presented by the Plaintiff alone is unilaterally the Defendant.