1. The judgment of the first instance, including the conjunctive claim added at the trial, shall be modified as follows:

The defendant.

1. Basic facts

A. On October 13, 2016, the Plaintiff entered into a sales contract with the Defendant on the purchase price of KRW 190,000,000 (hereinafter “instant apartment”) with the content that the Defendant purchased the purchase price of KRW 90,000,00 (hereinafter “instant apartment”) owned by the Defendant, and paid the down payment of KRW 19,00,000 on the day.

B. The terms and conditions of the instant sales contract stipulate that “In the event a loan becomes available until October 21, 2016, the seller shall return the down payment to 100% without any condition.”

hereinafter referred to as the "instant special agreement"

(c) On October 17, 2016, the Plaintiff applied for a loan to the Korea Standards Bank, Inc. (hereinafter “Korea Standards”) with respect to the instant sales contract, and the loan was not made until October 21, 2016. [Grounds for recognition] The Plaintiff did not dispute any dispute, and the entire purport of the pleadings, as a result of the order to submit financial transaction information to the Korea Standards Bank, Co., Ltd. (including virtual numbers, and as a result of the order to submit financial transaction information to the Korea Standards Bank, Inc. (including virtual numbers), and the entire purport of the pleadings.

2. The plaintiff's assertion

A. In light of the fact that a loan was not made by October 21, 2016, the Defendant is obliged to return the down payment KRW 19,000,000 that was paid according to the instant special agreement.

B. First preliminaryly, the expansion of the balcony of the instant apartment building constitutes an illegal building, without notifying it, and the sales contract of this case was revoked on the ground of deception.

Therefore, the defendant must return the down payment to the plaintiff.

C. Preliminaryly, since the Defendant agreed to return the down payment around August 1, 2017, which was after the first instance judgment was rendered, the Defendant shall pay the Plaintiff the amount stated in the claim.

3. According to the facts of the judgment as to the primary claim, according to the special agreement of this case, the defendant is a down payment of KRW 19,00,000 and a copy of the complaint of this case as the plaintiff seeks.