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. Basic facts

A. F Co., Ltd. (hereinafter “F”) operated by D, E, etc., including the sale of C buildings and the Defendant’s sales contract

(C) From May 2016, 2016, C building (hereinafter referred to as “C building”).

corporation G (hereinafter referred to as “G”) while proceeding with the implementation and sale of shares;

(2) On November 12, 2016, the Defendant and H concluded a sales contract (hereinafter “instant sales contract”) with respect to the purchase price of C building I as KRW 342,40,00,000, the down payment of KRW 340,240,000, and the intermediate payment of KRW 340,240,00 (10% of the parcelling-out price), respectively, and paid KRW 34,240,000 on the same day as the down payment to G. From January 20, 2017 to March 20, 2018, the Defendant and H paid KRW 1 to 34,240,000 on the same day.

(However, the fifth intermediate payment from 2 to 2 is paid out of money loaned by J.J.). The part related to the cancellation of the instant sales contract is as follows.

Article 3 (Cancellation of Contracts) (2) The buyer may cancel this contract by himself/herself in cases falling under his/her own circumstances.

However, even if an intermediate payment is paid once, it shall be limited to cases recognized by the seller.

(3) Where any of the following causes occurs due to a cause attributable to a seller, the buyer may cancel the relevant contract:

1. Where occupancy is delayed for more than three months from the scheduled date of occupancy. Article 4 (Penalty, etc.) (2) In cases where this contract is rescinded for reasons falling under Article 3 (3), the seller shall pay 10% of the total supplied amount to the purchaser as penalty;

(3) In cases falling under paragraphs (1) and (2), the trustee and the seller shall refund to the purchaser the price already paid by the purchaser plus interest equivalent to the statutory interest rate (five percent per annum) under the Civil Act from the date of respective receipt to the date of refund.

(b).