1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. The Defendant is a person who purchased an apartment of Songpa-gu Seoul Metropolitan Government 102 Dong-dong 1804 (hereinafter “instant apartment”).

On October 26, 2016, the Plaintiff deposited KRW 10 million with the Defendant’s name account while negotiating with the Defendant under the brokerage of the person in charge of the affiliated with the D Licensed Real Estate Agent Office, a real estate agent office.

On October 29, 2016, the Plaintiff requested the Defendant to return the said money through a licensed real estate agent.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The plaintiff argued that the plaintiff deposited KRW 10 million into the defendant's account at the demand of the broker without deciding whether to enter into the contract for the apartment of this case or whether to enter into the contract for the lease on a deposit basis, but did not enter into any contract with the defendant. Therefore, the defendant is obligated to obtain without any legal cause the profit equivalent to the above KRW 10 million and to pay the plaintiff the same amount of damages. Thus, the defendant is obligated to pay the plaintiff the above KRW 10 million with unjust enrichment. 2) The plaintiff and the defendant agreed to proceed with the lease contract of KRW 930 million with the broker to carry out the lease contract for the apartment of this case. In the case of the apartment of this case, such as the apartment of this case, it is reasonable to see that the lease contract for the apartment of this case was concluded between the plaintiff and the defendant, and that it is a part of the lease contract.

However, the plaintiff unilaterally demanded the return of the above KRW 10 million to cancel the lease contract, and since the above KRW 10 million belongs to the defendant as the cancellation money and the penalty, the defendant is obligated to return it to the plaintiff.