1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 6, 2015, the Plaintiff, as a broker C, intended to purchase seven parcels, including Asan City Dri (hereinafter “Dri”) E, F, G, H, I, J, and K (hereinafter “instant land”), and transferred KRW 62 million (hereinafter “instant provisional contract amount”) to a L deposit account on the same day, as a provisional contract deposit, and as a result, the Plaintiff was to prepare a sales contract only at the office of the certified judicial scrivener on April 13, 201.

At the time, five parcels of the instant land, such as E, F, G, H, and I, were owned by the Defendant, who is L’s private village, and two parcels, such as J and K, were owned by the N, who is the father of L.

B. On the 13th of the same month, the Plaintiff concluded a sales contract on the ground that the instant land falls under the conservation and control area according to the land use plan and it cannot be constructed as a manufacturing warehouse.

C. On May 11, 2015, the Plaintiff filed a lawsuit seeking the return of the provisional contract amount against Lone (Seoul District Court Decision 2015Kadan103940).

On April 12, 2016, the instant provisional contract amount was issued as evidence to negotiate in accordance with the principle of trust and good faith to conclude a contract on the premise that the contract would be returned if the contract is not concluded. Thus, L was held liable to return the provisional contract amount to the Plaintiff as unjust enrichment, on the ground that L is liable to return it as unjust enrichment.

The appeal was dismissed on November 25 of the same year, which became final and conclusive on December 20, 2016.

(hereinafter “Prior Lawsuit”) D.

On the other hand, L, on April 20, 2015, prepared and sent to the Defendant a power of attorney as to land trade, application for registration, and withdrawal as of April 1, 2015. On the other hand, L, upon entering into a contract, sent a letter of attorney as of April 1, 2015. On the other hand, the Defendant issued a certificate of seal impression and sent a power of attorney accompanied by it (A. 2; hereinafter “instant power of attorney”) by registered mail.