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

1. Basic facts

A. On August 27, 2015, the Plaintiff concluded a sales contract with the Defendant for the purchase price of KRW 980,000,000,000, and the remainder KRW 8880,000 shall be paid at the same time as the contract, and the remainder KRW 880,000,000 shall be paid at September 24, 2015 (hereinafter “instant sales contract”).

B. The main contents of the instant sales contract are as follows.

Article 6:Before the seller pays the intermediate payment (if there is no intermediate payment agreement, the remainder) to the buyer, the seller may refund the down payment in an amount equal to the double of the down payment, and the buyer may waive the down payment and rescind each contract.

Special agreement terms: The purchaser will take over the amount of 540 million won (the actual debt amount of 450 million won) with the maximum debt amount of each of the above real estate at the time when the purchaser takes over the ownership transfer.

C. The Plaintiff paid the Defendant the down payment of KRW 100 million according to the instant sales contract.

On the other hand, the Defendant entered into a sales contract with D on September 7, 2015, which was before the remainder payment date under the instant sales contract, to sell the instant building and its site at KRW 1.0 million.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1) The Plaintiff and the Defendant agreed to take over KRW 200 million against the lessee of the instant building at the time of the instant sales contract, and the actual remainder that the Plaintiff actually pays is KRW 230 million [the actual remainder of the purchase price = KRW 980,000,000 (the actual debt amount of KRW 450,000,000,000 KRW 200,000,000 won for the lease deposit).

However, the Plaintiff, on September 24, 2015, offered performance of the remainder KRW 230 million on September 24, 2015, which is the remainder payment date of the instant sales contract, and is obliged to transfer ownership to the Defendant.