1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from January 19, 2017 to August 9, 2017 to the Plaintiff.

1. Comprehensively taking account of the overall purport of the arguments in the evidence No. 1 and No. 2 as to the cause of the claim, the Plaintiff entered into an agreement with the Defendant on December 15, 2013 to obtain apartment housing of 42 square meters (19 square meters) for the membership recruitment-type 42 square meters (19 square meters) in relation to the construction project of the apartment building of the Seoul Jung-gu District Housing Association (hereinafter “instant supply agreement”) and to pay 170 million won in full (hereinafter “instant contract”). ② In the event that construction deliberation, authorization for change of the establishment of an association, etc. within six months from the time of the request for cancellation of the contract is delayed or project progress is not delayed, the Defendant agreed to return the above KRW 170 million (matters No. 8 special agreement No. 2), ③ The Plaintiff may, as stipulated in the supply agreement of this case, obtain the total amount of KRW 71 million from the Building Committee to the land trust of 200 million and KRW 71 million,700 million in total.

Meanwhile, there is no dispute between the parties regarding the fact that the Defendant returned the Plaintiff a sum of KRW 130 million from March 11, 2016 to December 2, 2016.

Therefore, in this case where the Plaintiff seeks the return of the sale price above due to the cancellation of the instant sales contract, the Defendant is obligated to pay to the Plaintiff the remainder of the sale price of KRW 40 million (i.e., KRW 170 million - KRW 130 million -) and to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from January 19, 2017, the day following the delivery day of the copy of the complaint of this case until August 9, 2017, which is the date of the instant sentencing, to the day of full payment, to the day of the instant sentencing, and to the day of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. The defendant's assertion is not yet returned.