1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. On July 15, 2013, the Plaintiff entered into a contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 1550 million (in the event of a contract, a balance of KRW 115 million shall be paid on August 28, 2013) (hereinafter “instant contract”). Article 6 of the instant contract provides that “If the seller or the purchaser fails to perform the terms and conditions of this contract, the other party shall be notified in writing and the contract may be rescinded. In addition, the contractual party may claim damages from the other party following the cancellation, and the down payment shall be deemed as the amount of damages, unless otherwise agreed.”

B. Meanwhile, a licensed real estate agent C, who arranged for the instant sales contract, stated in the column for the special terms and conditions of the instant sales contract the phrase “at the rate of five million won in the remaining time after deducting the total purchase price of KRW 150 million.” The phrase “at the rate of KRW 150 million in the total purchase price,” and the phrase “at the rate of KRW 74 million in the blank space between Articles 5 and 6 of the instant sales contract and the phrase “at the rate of KRW 74 million in the remaining time.” The Plaintiff and the Defendant affixed their seals on each side of the said phrase.

C. On July 15, 2013, the day of the instant sales contract, pursuant to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 40 million.

On August 28, 2013, the remaining payment date, the Plaintiff prepared for the remainder of KRW 110 million, and demanded the Defendant to submit documents necessary for the registration of transfer of ownership. However, the Defendant concluded that the Plaintiff will receive the balance of the purchase price to pay the purchase price of KRW 74 million and will execute the registration of transfer of ownership.

E. Accordingly, on August 28, 2013, the Plaintiff refused the Defendant’s request for the preparation of the instant contract, and sent to the Defendant a certificate of content that the instant contract was rescinded on the grounds attributable to the Defendant, and again on August 28, 2013.