The judgment of the first instance shall be revoked.

2. As to KRW 65,560,820 among the Plaintiff and KRW 63,400,000 among the Plaintiff, the Defendant’s KRW 65,560,820 on August 13, 2019.

1. Facts of recognition;

A. On October 11, 2017, the Plaintiff concluded a sales contract with the Defendant, which is the implementer of the new construction project of the instant officetel B2 T (hereinafter “instant officetel”), to sell the instant officetel B2 units to KRW 126,80,000 (hereinafter “instant sales contract”).

The specific timing for payment specified in the contract for sale in this case shall be as follows:

The remainder of the down payment of down payment shall be KRW 1,2680,000 won KRW 1,2680,000 won KRW 1,2680,000 won on June 10, 2018, December 15, 2017, when a contract is concluded on the date of the designation of the third occupancy in the second second and the second third occupancy of down payment, 15 days after the contract is concluded.

B. The instant contract for sale in lots states “The scheduled occupancy date (which may be somewhat modified according to the process, and detailed occupancy schedule may be later notified by individual notification)” in January 2019.

C. In addition, the instant sales contract provides that “if the Plaintiff is unable to move into within three months from the scheduled date of occupancy due to the Defendant’s cause attributable to the Plaintiff, the contract may be rescinded (Provided, That where the occupancy is delayed due to force majeure such as administrative order not related to the Defendant’s cause, etc., the Plaintiff may not demand the Defendant to cancel the contract on such cause).” (Article 3(4) of the instant sales contract, and “where the instant sales contract is cancelled due to the cause falling under Article 3(4), the Defendant shall pay the Plaintiff 10% of the total amount of the supplied price as penalty.”

(Article 4(3)(d) of the instant sales contract.

According to the instant sales contract, the Plaintiff paid KRW 12,680,000 in total (i.e., KRW 5,000,680,000 in total) and KRW 12,680,00 in total (i.e., KRW 12,680,000 in total) pursuant to the instant sales contract. After the instant lawsuit was filed, the Plaintiff paid KRW 14,840,820 in total as part of the intermediate payment and damages for delay on July 19, 2019.

E. On May 31, 2018, the Plaintiff’s employee’s third intermediate payment to the Defendant.