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. In the first instance court, the Plaintiff filed a claim for penalty following the cancellation of the instant sales contract, a claim for reimbursement equivalent to the interest on the intermediate payment loan, a claim for restitution of unjust enrichment, and a claim for tax, public charges, and management expenses. The court of first instance accepted only the Plaintiff’s claim for penalty and the claim for restitution of unjust enrichment equivalent to the interest on the intermediate payment loan and the claim for restitution

Therefore, since only the defendant appealed against the defendant among the judgment of the court of first instance, only the part of the plaintiff's claim for penalty and part payment loan equivalent to the interest on the cancellation of the sales contract of this case shall be subject to actual adjudication of this court.

2. Basic facts

A. Conclusion of sales contracts and acquisition of the Defendant’s status as the buyer 1) Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”).

) The Plaintiff, a truster and executive company, and the Plaintiff, EPD and Si Corporation, as the contractor, are running the new construction and sale business of G apartment located in Hanyang-gu, Busan-gu. On August 29, 2008, E and 201 Dong 1703 among the above apartment units (hereinafter “instant apartment”).

2) The sales contract of this case was concluded to sell the sales price of 488,000,000 won (hereinafter “instant sales contract”).

(2) According to the sales contract form drafted at the time of the instant sales contract, KRW 10,00,000 of the down payment shall be paid on the designated date of the payment of the down payment, the intermediate payment of KRW 292,80,000 shall be paid in six installments by June 5, 2010, and the remainder of KRW 185,200,000 shall be paid respectively on the designated date of occupancy, and the main contents pertaining to the cancellation of the contract, interest on the intermediate payment loans, penalty, etc. are as follows.

(However, “A” means the Korea Asset Trust, “B” means the buyer, and “B” means the Plaintiff, the contractor, and “B” means the Plaintiff, the Plaintiff. Article 2 (B) of the former and the latter are obliged to bear the burden of “B” in relation to the third intermediate payment loan agreement.