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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Basic facts
A. On September 11, 2009, the Plaintiff entered into a contract under which the Defendant sold an apartment in lots with the Defendant (hereinafter “instant apartment”) with the purchase price of KRW 217,761,00 (hereinafter “instant contract”).
B. Article 1(1) of the instant contract provides that KRW 21,776,100 of the down payment shall be paid at the time of the contract and the balance shall be paid at KRW 195,984,90 on the date of designation of occupancy, respectively. Article 2(1)1 of the instant contract provides that “The Plaintiff shall deposit the sale price into the account determined by the Defendant (National Bank, Account Number 91737-77-01-01744, Account Holder Basb Co., Ltd., Ltd., Ltd., hereinafter “the instant designated account”) and the Defendant shall not be fully liable for all damages incurred by the Plaintiff to pay the sale price in addition to the place of deposit and designation of another bank.”
C. On September 11, 2009, the contract date, at the Defendant’s request, the Plaintiff transferred the down payment amount of KRW 21,776,100 to an account in the name of the KF real estate trust corporation (National Bank 163401-04-03965) registered as the owner of the apartment of this case, at the time of not being the designated account of this case.
On April 2009, after the termination of the sales agency contract with the above company, the defendant entrusted the sales agency business of the apartment on the apartment site in this case to B, who had worked for the company that was a sales agency of the defendant, and the plaintiff was introduced from B, and entered into the contract of this case.
E. On October 19, 2009, the Plaintiff asked B about the payment of the remainder and occupancy of B at the neighboring office of the apartment of this case. The Plaintiff heard the phrase “B, as it has complex problems between B and the Defendant, who is an agent for parcelling-out, and is an agent for parcelling-out, directly paying the sales price to B,” and received the key of the apartment of this case from B on the same day.