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 February 16, 2012, the Plaintiff transferred KRW 20 million to the Defendant’s account (hereinafter “C”), KRW 5 million to the Defendant’s account on March 23, 2012, KRW 5 million to the Defendant’s account on March 23, 2012, KRW 5 million to the Defendant’s account on April 16, 2012, and KRW 20 million to the Defendant’s account on April 20, 2012, respectively.

(B) the total amount of the invoice 50 million won.

C On April 20, 2012, the real estate auction procedure (U.S.F. hereinafter “instant auction procedure”) under the title of the said G, which was tendered in the real estate compulsory auction procedure (F. hereinafter “instant auction procedure”) against Nos. 107 and 701 of the “E apartment” (hereinafter “E apartment”).

Accordingly, the Plaintiff received from C a copy of the returned bid deposit of KRW 53.4 million (including KRW 3.4 million prepared by the Defendant as a bid deposit) and then again delivered it to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 3 through 8 (including private numbers), and the purport of whole pleadings

2. The parties' assertion;

A. The plaintiff's assertion 1) The primary cause of the plaintiff is that the plaintiff entered into an auction delegation contract with the defendant in order to obtain a successful bid at the lower price of one of the apartment in this case, and remitted the total of KRW 50 million to the defendant and the defendant's designated person at the expense necessary for the bidding. However, the defendant has not been awarded a successful bid for the apartment in this case until now. Since the plaintiff terminates the delegation contract with the delivery of the complaint in this case, the defendant is obligated to deliver the above KRW 50 million received from the plaintiff pursuant to Article 684 of the Civil Code. (2) The defendant and the defendant were engaged in the auction auction business in this case with the non-party H, and the plaintiff was in a partnership, and the plaintiff transferred KRW 50 million to C and the defendant, who are members, to obtain a successful bid price of one of the apartment in this case. If the defendant is not the other party to the auction delegation contract, the plaintiff transferred the auction entrustment contract.