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 September 29, 2010, at the auction procedure (such as Busan District CourtO, etc.) with respect to the building (a collective building) located in M and N, the Plaintiff filed a report on purchase of the highest price (8.45 billion won) (8.45 billion won) on September 29, 2010.

B. E decided to purchase the above building from the said limited liability company in order to recover the ownership of the above building, and requested the Plaintiff, who became aware of around June 2010, to provide a loan of KRW 150 million to use the said building as a down payment, to add KRW 50 million more than three months thereafter.

C. Accordingly, on October 1, 2010, the Plaintiff had been aware of the foregoing remarks to the Defendant, and on which October 1, 2010, the Defendant paid KRW 150 million to E via the Plaintiff, and E prepared a notarial deed stating that he would pay KRW 200 million to the Defendant in lump sum payment by December 31, 2010.

E, on October 15, 2010, after receiving an additional payment of KRW 160 million from the Defendant through the Plaintiff, drafted a notarial deed with the purport that he would make a temporary payment of KRW 240 million to the Defendant by November 14, 2010, by making H, a corporation established around that time for the acquisition, management, etc. of the building under the above paragraph (a) as a debtor.

E. However, E has failed to implement each arrangement until the expiration of each time period of the above C and D.

F. Meanwhile, the Plaintiff transferred the sum of KRW 48,400,000 (hereinafter “instant money”) to the account or paid in cash from November 24, 2010 to May 29, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 6, 7 (including the number of each branch; hereinafter the same shall apply), Eul evidence Nos. 1, 3, 4, 5, 14, 23, and 24, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant money was lent to the Defendant, and, if not, the Defendant made unjust enrichment, the Defendant paid the amount equivalent to the instant money to the Plaintiff.