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

Purport of claim and appeal

The first instance court.

In addition to adding the following items, it is identical to the reasoning of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

E. Meanwhile, we examine the Plaintiff’s assertion of reduction under Article 398(2) of the Civil Act.

1) In fact, at the time of entering into the instant sales contract, the Plaintiff agreed to pay a penalty, etc. as described below.

Article 10 (Cancellation of Contracts) (1) A seller of buildings in units may cancel this contract in cases where the buyer of buildings in units performs any of the following acts:

1. Where a buyer of an intermediate payment or any balance fails to be paid by the due date for payment, the penalty, etc. under Article 11 (1) or (2) 1 shall revert to the seller of an intermediate payment or such.

(2) When a contract has been terminated pursuant to each subparagraph of Article 10 (1) or paragraph (2) 1 of the same Article, the seller shall refund the amount excluding penalty from the parcelling-out price paid by the buyer, the late payment charge, and the late payment charge, plus statutory interest.

B) On August 2008, the Plaintiff and the Defendant: (a) reduced the sales price of the instant sales contract to KRW 7,917,378,00; (b) changed the remainder payment date to February 21, 2009; and (c) agreed to cover KRW 17,462,200, the sales price reduced to the Defendant, out of the down payment paid, to the intermediate payment, exceeding 10% of the sales price reduced to KRW 791,737,80,00; (c) however, the Plaintiff did not pay the intermediate payment and the balance specified in the sales contract by the due date. The Defendant notified the Plaintiff on May 13, 2010, stating that “The sales price is paid by May 31, 2010; and (b) paid the sales price by June 11, 2010, and by June 30, 2010.