1. The plaintiff's claim is dismissed.

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

1. The Defendant owned the Yongsan-gu Seoul Metropolitan Government Yongsan Apartment D (hereinafter “instant apartment”).

On September 2018, the Plaintiff’s wife introduced the instant apartment from the “G Licensed Real Estate Agent Office” (hereinafter “G Real Estate Office”) operated by the Licensed Real Estate Agent F, and received text messages as follows on September 20, 2018.

Item (d) : C apartment D Trading - C apartment D purchase price - 1.655 million won, part of the down payment 50 million won on September 20, 2018, shall be transferred to the seller’s account, and the contract date shall be determined by mutual consultation, and the intermediate payment, the balance seller, and the buyer shall be determined on the contract date

(The conditions of succession on October 30, 2020) When the seller renounces the contract deposit, the part of the contract deposit shall be repaid and the buyer waives the part of the contract deposit when the buyer renounces the contract deposit.

If we agree, the seller's account is set up.

As we agree, E received the above text message and responded immediately to “I consent.”

The Plaintiff transferred KRW 50 million to the Defendant’s account on the day according to the above text messages.

However, the sales contract on the apartment of this case was not prepared after E or the defendant.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. Assertion and determination

A. The gist of the cause of the claim is that the Plaintiff only transferred KRW 50 million into the Defendant’s account according to text messages of G real estate, but did not conclude a sales contract between E or the Defendant, and did not directly consult with the Plaintiff.

Since a sales contract was not established, 50 million won paid as a provisional contract payment cannot be said to have the nature of cancellation money under Article 565 (1) of the Civil Code.

Therefore, the above KRW 50 million was paid without any legal cause, and as a result, the defendant gains profit, and the plaintiff suffered loss, so the defendant is obligated to return the unjust enrichment of KRW 50 million to the plaintiff.

B. The judgment is before the judgment.