손해배상(기)
1. The part against the Defendants in the judgment of the court of first instance is revoked, and all of the Plaintiff’s claims corresponding to the revocation part are revoked.
1. Basic facts
A. On August 6, 2014, the Plaintiff agreed to purchase the F Apartment-gu, Gyeyang-gu (hereinafter “instant apartment”), and deposited KRW 22,340,000 to the Nonghyup Bank account in the name of the G Urban Environment Improvement Project Association (hereinafter “the instant association”), which was known by Defendant E, the head of the occupancy management team of the Defendant L Co., Ltd. (Gu D Co., Ltd., hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd.”), the contractor of the instant apartment on August 6, 2014, the following month.
7. The instant apartment sales contract was concluded between the instant association and 223,40,000 won [the contract amounting to 22,340,000 won, the intermediate payment of KRW 134,040,000, the intermediate payment of KRW 137,020,000] for the total payment of KRW 1908,00 (hereinafter “instant contract”).
B. For the payment of intermediate payment under the above contract, the Plaintiff applied for a loan at the I branch of the Han Bank, and delegated Defendant B, a certified judicial scrivener introduced by K, the head of the above branch of the bank, with the registration of the establishment of a neighboring mortgage and the payment of the remainder and the application for ownership transfer accordingly.
C. Defendant E notified Defendant C, an employee of Defendant B’s certified judicial scrivener office, of the balance payment account of Defendant C as the remainder payment account, and the Plaintiff, upon receipt of the said account number from Defendant C, deposited KRW 72,577,00,00 (hereinafter “the balance of this case”), calculated by deducting KRW 3,00,000,000, which was agreed to provide support from the amount of the remainder of August 26, 2014 to the amount of KRW 67,020,000,000, and the amount of KRW 8,557,000,000, which was agreed to provide support from the remainder of the amount of KRW 75,57,00,00,000 (hereinafter “the balance”).
The Plaintiff refused to implement the registration procedure for transfer of ownership against the Plaintiff on the ground that the instant union cannot be recognized as the payment of the outstanding balance under the instant contract. On October 16, 2014, the Plaintiff deposited KRW 72,577,000 into the Nonghyup Bank account in the name of the instant cooperative.