1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On September 17, 2009, E Co., Ltd. (hereinafter “E”) entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with the Plaintiff and F Co., Ltd. (hereinafter “F”) on the condition that “E” and “E” are “E: the Plaintiff, trustee: the Plaintiff, and the Si Co., Ltd.: F., Ltd.; and that “E” trust the Plaintiff with three parcels outside the Gangseo-gu G and 13, and that F constructed five apartment houses on the above ground (hereinafter “instant apartment”) on the above land, the Plaintiff would be responsible for the management-type land trust agreement (hereinafter “instant trust agreement”).

Seller: The seller: 179,606,00 won in total, 179,606,00 won in the sale price of the building in this case - down payment of 8.98 million won in total (payment in contract) - intermediate payment of 17.76 million won (payment in six installments over the six occasions from March 30, 201 to May 30, 201) - The remainder of 62,86,000 won (payment in installments on the designated date of occupancy: Provided, That the amount actually paid is the remainder calculated by subtracting the said discounted amount of KRW 20 million from the said discounted amount)

B. On July 27, 2012, the Plaintiff concluded the instant sales contract with the Defendant (hereinafter “instant sales contract”).

C. Article 2(1)2 of the instant sales contract provides that “If a buyer fails to pay any balance within three months from the expiration date of the occupancy designation period, the seller may cancel the contract.”

E and F (the person in charge of all the affairs related to the sale in lots pursuant to Articles 3 and 14 of the Special Agreement on the Trust Contract of this case) notified the prospective occupants of the apartment of this case of the designation of the occupancy designation period from December 1, 2012 to pay the balance from the date of the designation.

E. The Defendant paid the down payment and intermediate payment to the Plaintiff. However, only KRW 26,721,432, out of the remainder until the payment date under the instant sales contract, and did not pay the remainder of KRW 16,14,568 (excluding balcony extension cost 5,346,00).

Accordingly, the Plaintiff on March 24, 2016 to the Defendant.