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 5, 2018, the Plaintiff was seeking to purchase real estate, through the “C”, a licensed real estate agent office, which was the office of Yongsan-gu Seoul Special Metropolitan City D Building E (hereinafter “instant building”). On the same day, the Plaintiff was sent a text message stating that the name and address of the instant building, the Defendant’s name and account number, the sales price of the instant building KRW 30 million, and the terms of succession of KRW 140 million prior to the date.

B. On September 5, 2018, at around 12:28, the Defendant sent a text message to C, with the Defendant’s account number, stating that the transaction amount is KRW 30 million, KRW 10 million, and KRW 30 million, and that the balance is within 30 days.

C. On September 5, 2018, the Plaintiff transferred KRW 5 million to the Defendant’s account number around 12:54.

(hereinafter “the instant money”). D.

C On September 12, 2018, a licensed real estate agent sent a text message to the Plaintiff, stating that “I will draw up a half-yearly contract at 6,000: 4,000 down payment will proceed in total and 500 down payment will be made in part, and 3,500 deposit receipt will be made.”

E. On September 12, 2018, the Plaintiff had no intent to conclude a sales contract for the instant building with C, and thus, the Plaintiff returned the instant money.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion did not have prepared a sales contract on the instant building, and received text messages that do not have any specific contents such as the intermediate payment and the remainder payment payment date from C. Thus, the instant money is merely paid at the request of a licensed real estate agent at the pre-contract stage.

Therefore, insofar as a sales contract for the building of this case was not concluded, the money of this case and damages for delay thereof shall be returned to the Plaintiff with unjust enrichment.

B. The parties to the relevant legal doctrine provide a down payment for money and other things at the time of the contract.