1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount which orders payment below.

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 5; (c) evidence No. 1; and (d) evidence No. 1; and (e) evidence No. D’s testimony of the party-trial witness D

On November 18, 2013, the Plaintiff entered into a sales contract with the Defendant for the land and the building (hereinafter referred to as the “instant real estate”) in Ulsan-gu, Ulsan-gu, Seoul-gu, a licensed real estate agent office (hereinafter referred to as the “instant brokerage office”) in Ulsan-gu, Seoul-gu (hereinafter referred to as the “instant brokerage office”) with a broker for real estate agent D, with respect to the purchase price of KRW 430,000,000 in terms of contract deposit, KRW 40,00 in terms of contract deposit, and the remainder payment date as of April 30, 2014 (hereinafter referred to as the “instant contract”) and entered into a contract with the seller or purchaser as of April 30, 2014, the other party may demand in writing that the defaulted person be notified of the contract and rescind the contract. In addition, the contractual party may respectively claim damages arising from the termination of the contract and, unless otherwise agreed, shall be deemed as the basis for compensation for damage.”

B. By November 19, 2013, the Plaintiff paid the Defendant the down payment of KRW 40,000,000 to the Defendant.

C. Around April 28, 2014, the Plaintiff requested the Defendant to extend the remainder payment date on May 12, 2014, and the Defendant did not intend to extend the remainder payment date and did not make any remainder payment by April 30, 2014, the Plaintiff cancelled the instant contract, but agreed to reverse it upon D’s request and request for extension of the remainder payment date.

After completing a loan agreement with the Seocho Saemaul Bank to raise a part of the remainder of the instant contract, the Plaintiff sent KRW 89,000,000 in cash at the instant brokerage office on May 12, 2014, and the remainder is immediately received from the Defendant the documents necessary for the registration of transfer of ownership.