1. The grounds for the court’s explanation on this part are as follows: “The building of the third floor in inn and parking lot (hereinafter “the apartment in this case”)” on the 2nd, 7 and 8th, of the judgment of the court of first instance, shall be “the building of the fifth floor above the ground level (hereinafter “the apartment in this case”)” and “the building of the fifth floor inn and parking lot on the 5th floor above the ground level (hereinafter “the above site and building”)” and “the apartment in this case shall be lent to the Defendant, but the “the apartment in this case shall be lent

5. Unless a loan is paid by October, 10, the Plaintiff, who is the seller, sells real estate by auction, and for this purpose, the Plaintiff shall sell and dispose of the real estate, and the 3rd page “80,000,000 won, which is an equal amount of the down payment pursuant to the instant sales contract,” and the 40,000,000 won, which is the sum of the down payment paid according to the instant sales contract, and the 40,000,000,000 won, are the same as the statement in the column of “1. Basic fact” of the first instance judgment, and this shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion 1) The instant sales contract was rescinded through the peremptory notice prior to the payment date of the remainder on the grounds of delay in the payment of the intermediate payment by the Defendant, and KRW 40,000,000 paid by the Defendant should be confiscated as compensation for damages caused by penalty or nonperformance of obligation by the Defendant. (2) However, the Defendant asserted that the instant sales contract was rescinded due to the Plaintiff’s cause attributable to the delay in payment of the intermediate payment, and that the Plaintiff is liable to pay the Defendant the down payment of KRW 40,000,000 in total and KRW 40,000,000 (compensation) of the instant sales contract to the Defendant. Accordingly, the Defendant seeks confirmation that the said obligation against the Defendant did not exist.

B. After entering into the instant sales contract, the Plaintiff and the Defendant, from February 16, 2015 to February 17, 2015, paid the intermediate payment and the remainder in a lump sum.