Following the 9th 6th 6th son of the first instance judgment, “However, even according to the Plaintiff’s assertion, even if the instant real estate sales contract was terminated pursuant to Article 10(2) of the Agreement at the time of the instant agreement on April 20, 2012, the Defendant agreed to refund only the principal without interest (the legal brief dated January 3, 2017) and the legal interest accrued until the date of cancellation shall be deemed not to have any obligation to return the principal (it shall be deemed that even if the principal was returned only without interest, it shall be deemed that there is no need to return the legal interest accrued until the time of cancellation. The Defendant also recognized that the legal interest or delay damages incurred from the date following the date of cancellation are liable to pay).”

The 11th day to 15th day of the first instance judgment shall be amended as follows:

[C] The instant real estate sales contract was lawfully rescinded, inasmuch as the Plaintiff’s declaration of intent to return the down payment and intermediate payment already paid pursuant to the instant rescission clause was sent on July 16, 2015, and was served on the Defendant on July 17, 2015 (Defendant’s preparatory document dated 13, 2017), and at least the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to cancel was served on the Defendant on June 29, 2016, inasmuch as it is evident in the record that the duplicate of the instant complaint was served on the Defendant on July 29, 2016.

[1] The part of the first instance judgment as to the allegation of set-off (hereinafter “C”) is added, and the part as to the lawsuit of set-off (i.e., the remainder payment under the real estate sales contract of this case) is revised as follows. The Defendant is obliged to deliver the real estate of this case at the same time as the remainder payment under the real estate sales contract of this case.