1. The Defendant’s KRW 188,024,90 for the Plaintiff and KRW 5% per annum from August 4, 2017 to June 14, 2019.

1. Basic facts

A. On October 16, 2015, the Plaintiff, who sold in lots by the Defendant, sold D Urban Residential Housing E (hereinafter “instant housing”) to KRW 268,60,00 in total sales price, 268,60.

(hereinafter “instant sales contract”). B.

On October 16, 2015, the Plaintiff paid KRW 188,024,90,000 in total, by paying each intermediate payment of KRW 32,232,840 over five times from December 14 to January 6, 2017, based on the instant sales contract, and KRW 16,860,70 on November 16, 2015.

C. The instant sales contract specifies that the scheduled occupancy date may be determined as of October 2016 and may be somewhat modified according to the process.

Meanwhile, in the event that the Plaintiff becomes unable to move into the instant sales contract within three months from the scheduled date of occupancy due to the reasons attributable to the Defendant, the instant sales contract may be cancelled through a written notice (Article 2(3)), and in such a case, the Defendant shall pay 10% of the total supply price to the Plaintiff as penalty.

The Defendant changed the scheduled occupancy date on two occasions (the first, second, February 2017; April 4, 2017) but the occupancy was not possible until July 2017 after three months from April 2017, and the Plaintiff expressed its intent to cancel the instant sales contract to the Defendant on August 3, 2017.

E. The Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 31,150,70 of penalty and balcony extended construction cost due to the delayed occupancy of the instant sales contract by the Gwangju District Court Decision 2017Da519548, and the Defendant failed to submit a written response and rendered a favorable judgment on October 19, 2017.

F. The Defendant filed a subsequent appeal with the Gwangju District Court 2018Na5037 by asserting that he/she did not legally receive a written complaint of the said first instance lawsuit after the filing of the appeal period. However, the Defendant filed the said first instance court’s complaint.