1. The Defendant’s KRW 35,00,000 as well as 5% per annum from August 29, 2014 to April 28, 2015 to the Plaintiff.

1. Basic facts

A. The defendant is the buyer of E- Apartment No. 101, 1601 (hereinafter “the apartment of this case”) located above as a member of D-Housing Rebuilding Project implemented in Seoul Special Metropolitan City, Nowon-gu, Seoul.

B. On June 2, 2014, the Plaintiff entered into a contract with the Defendant to purchase the instant apartment in KRW 344,669,000 (hereinafter “instant contract”) under the following conditions, and paid KRW 35,00,000 as the down payment on the same day.

① The sales price of the apartment in the instant case is KRW 310,019,00 (including balcony expansion expenses) and the remaining KRW 279,669,950 (including the value of the right 199,949,750) shall be paid until the execution date of the contract, and the remaining KRW 30,349,050 shall be paid additionally.

② The Plaintiff shall pay the remainder of KRW 309,669,00 in addition to the down payment on June 24, 2014, and take over KRW 79,90,000 for relocation expenses of a new bank, and KRW 59,900,00 for the intermediate payment, and KRW 50,000 for the loans of community credit cooperatives shall be repaid by the seller in the presence of the buyer (Provided, That the Defendant’s settlement for interest and overdue interest), and KRW 30,349,050 for the remainder under the above paragraph, the Plaintiff shall pay the remainder of KRW 30,349,050 to the Defendant, including the balcony down payment 1,00,00 in cash.

(3) Additional contributions may be changed due to a change in the value of rights, and the rights and obligations of the seller shall be transferred to the purchaser on the basis of the balance date.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, Gap evidence 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion primarily, after the conclusion of the instant sales contract, prepared documents necessary for the payment of intermediate payments and succession to loans pursuant to the instant contract, and demanded the Defendant to perform the instant sales contract without justifiable grounds, and the Defendant cancelled the instant sales contract without justifiable grounds. Accordingly, the Plaintiff sought payment of KRW 70,000,000, a double payment of the down payment, and sought preliminary payment.