A. On June 25, 2008, the Plaintiff entered into a sales contract of KRW 343,000,000 for the total sale price (hereinafter “instant sales contract”) with the Defendant with respect to the “Incheon-gu Seoul apartment complex 103, 801,” which was newly constructed and sold by the Plaintiff (hereinafter “instant apartment”). On the same day, the Defendant paid the Plaintiff the down payment of KRW 34,30,000 on the same day.

B. At the time of entering into the instant sales contract, the Defendant received a loan from the National Bank of Korea (hereinafter “National Bank”) for the payment of intermediate payments pursuant to the instant sales contract with the Plaintiff, and the Defendant agreed to pay the Plaintiff in the late payment after the Plaintiff paid the interest on the loan directly from the National Bank.

(hereinafter “instant loan”). C.

On the other hand, the Plaintiff entered into a business agreement with the National Bank (hereinafter “instant business agreement”) in relation to the instant loan. ① In the event that the sales contract is cancelled after the execution of the intermediate payment loan to the apartment house seller, and the buyer loses the eligibility for sale in lots or the eligibility for occupancy, the seller shall lose the benefit from the loan (Article 6(1)2 of the Business Agreement), ② in the event that the buyer delays the refund despite the buyer’s claim for the refund of the loan to the buyer, the Plaintiff immediately cancelled the sales contract for the collection of the national bank’s claim, and immediately pays the down payment and the intermediate payment that the buyer has already paid to the national bank as the principal and interest of the buyer to the national bank (Article 7(1) of the Business Convention), ③ in the event that the national bank becomes unable to meet the above loans after such appropriation, the Plaintiff shall jointly and severally pay the buyer the sales contract with the buyer.