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. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as follows. Thus, it is decided to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

(a) to eliminate the parts described in the common title of Sections 2 through 4 above the fourth decision of the first instance;

(b) from 6th to 17th of the judgment of the first instance is as follows.

"However, as to the deduction of penalty for calculating the interest on the refund of the sale price, the defendant asserts that the defendant does not have the obligation to pay the penalty to the plaintiff, since the plaintiff disposed of the apartment of this case to the third party without lawfully cancelling the sale contract of this case.

According to the evidence of evidence Nos. 1, 2, 7, 8, 9, 10, and 17, it can be acknowledged that sco construction with the power to cancel the sales contract of this case has cancelled the sales contract of this case on behalf of the plaintiff at least two occasions before the cancellation of the contract. Thus, the defendant's above assertion is without merit.

In addition, the plaintiff asserts that the contract deposit should be deducted as penalty, and the defendant does not expressly state that 10% of the total supply price subject to forfeiture in the sales contract in this case is the amount paid as contract deposit, and it is not clear that the meaning of the terms and conditions should be interpreted favorably to the defendant who is the customer, and therefore, it is argued that the penalty should be deducted from the six-party intermediate payment, not the contract deposit

However, 10% of the total supply price subject to forfeiture as penalty in the instant sales contract is equal to the down payment (10% of the total sale price) and the amount. The instant sales contract includes a loan agreement with interest on the intermediate payment, and where the instant sales contract is cancelled, the Plaintiff is the buyer.