A. The status of the party (1) Defendant AS Construction Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the Si of Seocho-gu Seoul Metropolitan Government C Apartment, and is a company entrusted with the sale of apartment units by the NACF, the owner of the above apartment units, and Defendant B was the head of the apartment unit of the Defendant Co., Ltd from January 2007 to 201.

(2) On September 2010, the Plaintiff entered into a sales contract with Defendant B to purchase the said C Apartment 102 Dong 1201 (hereinafter “instant apartment”) in KRW 1,812,006,00, and then occupied the instant apartment on or around September 29, 2010 with Defendant B’s permission.

B. Defendant B’s embezzlement (1) concluded a sales contract with Defendant B, and around September 29, 2010, the Plaintiff paid the sales price of KRW 85 million to Defendant B (hereinafter “instant sales price”). Around that time, Defendant B arbitrarily used KRW 60 million out of the said money.

(hereinafter “instant tort”). Meanwhile, the remainder of KRW 25 million was deposited into the Defendant Company, and on October 25, 2010, returned from the Defendant Company to the Plaintiff.

(2) Defendant B was indicted as a crime of occupational embezzlement on November 26, 2014 due to the instant tort, and was sentenced to 8 months of imprisonment at the first instance trial on May 7, 2015, and 6 months of imprisonment at the appellate trial on May 7, 2015 (Seoul Central District Court 2014No4869), and the said appellate judgment became final and conclusive around that time.

C. On July 30, 2010, the NongHyup Bank Co., Ltd. filed a lawsuit against the Plaintiff for the registration of ownership transfer on the instant apartment and became the owner of the instant apartment.

(2) In addition to the sales price of the instant apartment, the Plaintiff paid the sum of KRW 50 million from September 9, 2010 to October 25, 2010 to the National Agricultural Cooperatives Federation of Nonghyup.

(3) The Plaintiff became aware of the fact that he had occupied the apartment of this case without paying the purchase price in full.