1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. Re-security oil Co., Ltd. (hereinafter “re-security oil”) is an executor of the business of constructing and selling a building C (hereinafter “instant building”) on the land outside Dong-gu, Nam-gu, and five parcels on the land (hereinafter “instant building”). On March 28, 2003, the Plaintiff was awarded a contract for the construction of the instant building among the instant projects, which was contracted from the re-security oil.

B. On April 15, 2004, the Defendant’s 4117 square meters (15.99 square meters of supplied area, 1.43 square meters of site area) on the fourth floor of the instant building as of April 15, 200, based on the supply amount of KRW 66,46,00, the sum of the down payment, intermediate payment, and remainder, is KRW 66,468,00, and there is a difference between the total amount and the total amount. However, once of the sales contract,

According to the instant sales contract, the Defendant respectively paid KRW 13,293,00 as the down payment at the time of the contract, the intermediate payment is KRW 6,647,00 each five times, and the remainder is KRW 19,940,000 as the date of the designation of the occupant.

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

Article 1 (Supply Price and Payment Method) The re-security property shall be supplied by the defendant according to the following methods, and the defendant shall pay the corresponding amount to the re-security property:

4. The repayment of expenses shall not be obliged to separately notify the Defendant of the date of payment of intermediate payments;

5. The remainder payment date shall be the designation date of shop occupants notified in writing separately of the remainder payment.

Article 2 (Arrears Charges and Compensation for Delay)

2. Where the defendant fails to pay an intermediate payment and any balance within the agreed period, the late payment charge shall be paid according to the overdue interest rate on the loan of general funds to the fund manager for the past days.

Article 3 (Transfer of Ownership)

1. The defendant shall pay the sale price, late payment, management fee, advance payment, etc. in full, and apply for the delivery of transfer of ownership to the re-security oil within one month from the date the public book of re-security is completed, and the application for transfer of ownership may be filed.