1. The plaintiff's claim is dismissed.

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

Facts of recognition

The apartment building No. 203, No. 105, 203 (hereinafter referred to as "the apartment of this case") on three lots outside Yongsan-gu Seoul Metropolitan Government was owned by the defendant's mother.

In around 2015, the defendant's mother living in the apartment of this case, and the defendant requested the sale of the apartment of this case at the time of the apartment of this case at the location of E-real estate.

Since February 2016, the defendant's mother died, the defendant inherited the apartment of this case and completed the registration of ownership transfer.

On May 2017, the Plaintiff received the instant apartment from G Licensed Real Estate Agent Office operated by Nonparty F as a product, and expressed his/her intention to purchase it.

On the other hand, from the H real estate connected to the G Authorized Brokerage Office, the defendant received a phone call leading to the intention of selling the apartment of this case, and asked that he had sold it to the market price at the time.

(B) On May 30, 2017, the Plaintiff transferred KRW 90 million to the above account in the name of the Defendant to Nonparty F, at the request of the Defendant on the part of H real estate (see, e.g., Supreme Court Decision 200 million, supra), the account number in the name of the Defendant was known (see, e.g., Supreme Court Decision 200Do327, May 30, 2017).

Since then, the defendant expressed his intention to sell the apartment of this case to the plaintiff, and intended to return the above KRW 90 million, but the plaintiff refused to receive the apartment of this case in such a way that the plaintiff did not inform his account number.

On November 23, 2017, the Plaintiff filed the instant lawsuit, and thereafter, the Defendant returned the said KRW 90 million to the Plaintiff.

After the date of the first pleading, the Plaintiff decided to return a set of KRW 90,000 as a result of conversation on the date of the pleading, and accordingly, the Plaintiff received the return and subsequently changed the purport of the claim.

【Ground of recognition” has no dispute, each entry and pleading of Gap's 1, 2, and 6 (including branch numbers in case of virtual number).