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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.
Reasons
1. Basic facts
A. On August 11, 2015, the Plaintiff purchased from the Defendant the 11th floor 1106 of the Gangnam-gu Seoul building (hereinafter “instant building”) from the Defendant, and concluded a sales contract with the following contents (hereinafter “instant sales contract”), including the content that the Plaintiff would pay the remainder of KRW 243 million on the date of the contract, and pay the remainder of KRW 20 million on November 20, 2015 (hereinafter “instant down payment”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 20 million (hereinafter “instant down payment”).
Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be November 20, 2015.
Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.
In addition, the parties to the contract may claim the other party for the compensation for damage following the cancellation of contract, and the contract deposit shall be considered as the basis for the compensation for damage unless otherwise agreed.
B. After entering into the instant sales contract, the Plaintiff was aware of the fact that the monthly management expenses of the instant building amounting to KRW 350,000 and KRW 1.50,000,000 were to be paid separately. On September 22, 2015, the Plaintiff did not purchase the instant building if it was notified in advance that the Defendant should pay the management expenses and the parking fee for KRW 550,000 per month.