1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On May 9, 2017, the Plaintiff, under the brokerage of the C Licensed Real Estate Agent Office, sold the Gu-Si D multi-family house (hereinafter “instant house”) owned by the Plaintiff to the Defendant in KRW 625,00,000, and the down payment of KRW 30,000,000 is paid on the date of the contract, and the Defendant succeeded to KRW 300,000,000 under the name of the Plaintiff, which was paid on May 23, 2017 (hereinafter “instant sales contract”).

On the other hand, the instant house is a multi-family house composed of 15 rooms in total, and the Plaintiff notified the Defendant of the current status of lease of each room at the time of the sales contract.

B. According to the instant sales contract, the Defendant paid the Plaintiff a down payment of KRW 30,00,000 on the day of the contract, succeeded to KRW 300,000,000, and paid the remainder, excluding KRW 55,000,000, out of the remainder on May 23, 2017, to the Plaintiff. On the same day, the Plaintiff completed the registration of ownership transfer for the instant housing on May 9, 2017 and received it from the Plaintiff.

On May 23, 2017, with respect to the remainder of KRW 55,00,000, the Defendant drafted a written confirmation (Evidence A) stating that “the Defendant shall pay the remainder remaining after deducting the deposit amount of KRW 55,00,000,00, which is the amount equivalent to the deposit amount of KRW 55,000,00, which is the current official shop E, to the Plaintiff upon completion of the future lease of subparagraph E, and the payment deadline shall be until December 31, 2017,” with respect to the remainder of KRW 5,00,00,000, to the Plaintiff.

C. Since then, the Defendant paid the Plaintiff KRW 39,00,000 in total, including KRW 30,000,000 on January 3, 2018 and KRW 9,000,00 on March 9, 2018, and paid the remainder of KRW 16,00,000.

Meanwhile, Article 4 of the instant sales contract provides that “The period of compensation for serious defects (such as heat, water leakage, collapse, etc.) in the sale building shall be one year on the basis of the remainder date,” and the Defendant shall be one year on the basis of the remainder date.