1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a person who has asked C Licensed Real Estate Agents to purchase D Apartment at the time of his bid, 1 Dong 402 (hereinafter “instant apartment”), and the Defendant is a broker assistant of C Licensed Real Estate Agents.

B. On January 10, 2017, the Plaintiff visited the instant apartment with the person in charge of F Licensed Real Estate Agent E, who is the Defendant and the owner of the instant apartment, and was informed by the Defendant on the information and the purchase price (192 million won) of the instant apartment.

C. After being informed about the apartment of this case, the Plaintiff heard to the effect that “In order to conclude the above apartment contract, the Plaintiff should deposit in advance some of the purchase price,” and transferred KRW 2 million to E’s account using the Plaintiff’s G name account.

On November 5, 2015, the registration of creation of a neighboring mortgage (debtor E, mortgagee E, Saemaul Bank of Korea, and maximum debt amount of KRW 163,200,00) was completed on the apartment of this case.

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

2. The assertion and judgment

A. 1) The Plaintiff’s claim for return of loan is a loan to the Defendant, and the Defendant must return the loan to the Plaintiff. 2 million won, which the Plaintiff transferred to the E account, constitutes a loan to the Defendant. 2) The Plaintiff must prove that the Plaintiff constitutes a loan to the Defendant, based on the burden of proof.

However, the evidence submitted by the plaintiff alone is insufficient to admit the plaintiff's assertion, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit.

B. On January 10, 2017, the Defendant asserted the claim for damages arising from the tort and the claim for return of unjust enrichment by the Plaintiff, that “The apartment of this case may be traded to another person within the apartment of this case, and E may raise the purchase price, making a deposit of money.”