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. Facts of recognition;

A. On April 13, 2016, the Plaintiff deposited KRW 5,000,000 into the bank account in the name of the Defendant, while negotiating with the Defendant under the brokerage of the person in charge of the “D Licensed Real Estate Agent” affiliated with the real estate agent, a real estate agent, in order to purchase the third floor of the Seoul Gangnam-gu Seoul Building Co., Ltd. (hereinafter “instant building”).

B. However, around April 25, 2016, the Plaintiff notified the Defendant that he/she did not wish to purchase the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The gist of the plaintiff's assertion was that the plaintiff deposited KRW 5 million into the defendant's account for the purchase of the building of this case. The defendant did not enter into a sales contract with the defendant. Since the defendant gains profit equivalent to the above KRW 5 million without any legal ground and causes damages equivalent to the same amount to the plaintiff, the defendant is obligated to pay the plaintiff the above KRW 5 million with unjust enrichment, and thus, the defendant is obligated to pay the plaintiff the above KRW 5 million with unjust enrichment. 2) The defendant's argument that the plaintiff and the defendant agreed to determine the purchase price of the building of this case as KRW 660 million on April 11, 2016. At that time, the plaintiff demanded the repair of the Vietnam water of the building of this case on the condition that the plaintiff would pay the provisional contract amount if this condition is satisfied, and the defendant received it, and the plaintiff paid the contract amount to the defendant on April 13, 2016 to the plaintiff and the defendant on April 26, 2016.

However, the Plaintiff.