1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 3, 2004, the Plaintiff and D concluded a sales contract with respect to subparagraph 9 of the first floor of G and two others (mutual H) (hereinafter “instant shopping mall”) in the name of each wife E and F (hereinafter “instant sales contract”).

B. The Defendant introduced the instant commercial building to the Plaintiff and D as an employee of the company that vicariously sells the instant commercial building and arranged the instant sales contract.

C. Upon entering into the instant sales contract, the Plaintiff and D gave the Defendant KRW 22,860,000 as the premium (florium) for the first floor of the instant shopping mall.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 6, 9 and the purport of the whole pleadings

2. On the Plaintiff’s assertion that the Defendant unjust enrichment of KRW 22,860,000 for premiums without any legal cause, the Defendant asserted that, since the parties to the instant sales contract were E and F, the Plaintiff did not have the standing to seek the return of the premiums received in the process of concluding the instant sales contract with the Defendant.

On the other hand, in a lawsuit for performance, the standing to be a party exists in the person who asserts that he/she has the right to demand performance, which is the subject matter of the lawsuit, and whether there is the right to demand performance or not shall be proved through the deliberation of the merits (see, e.g., Supreme Court Decision 2003Da44387, Oct. 7, 2005). The defendant's above assertion is merely an argument about the existence of the right to demand the return of unjust enrichment of the plaintiff who is the subject matter of the lawsuit

3. Determination on the cause of the claim

A. At the time of entering into the instant sales contract, the Defendant: (a) paid KRW 22,860,000 for the premium to the Plaintiff and D to purchase the instant shopping mall No. 9; and (b) received KRW 22,860,000 for the premium from the Plaintiff and D.

However, the defendant is entitled to the above premium.